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Full text of "Journal of the Senate of the General Assembly of the state of North Carolina at its .."

Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_11 



CLEARINGHOUSE 
AW 4 ' 199; 

JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



EXTRA SESSION 



1996 












This publication is printed on permanent, acid -free paper in compliance with the 
General Statutes of North Carolina. 

550 copies of this public document were printed at a cost of $19.38 per copy. 
Office of the Senate Principal Clerk [G.S. 120-27] 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1995 GENERAL ASSEMBLY 
EXTRA SESSION 1996 

DENNIS A. WICKER, President Sanford 

MARC BASNIGHT, President Pro Tempore Manteo 

R. C. SOLES, JR., Deputy President Pro Tempore Tabor City 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

CECIL GOINS, Sergeant- at- Arms Raleigh 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 BEVERLY M. PERDUE New Bern 

4 PATRICK J. BALLANTINE Wilmington 

5 CHARLES W ALBERTSON Beulaville 

6 R. L. MARTIN Bethel 

7 LUTHER HENRY JORDAN, JR Wilmington 

8 JOHN KERR Goldsboro 

9 ED N. WARREN Greenville 

10 ROY A. COOPER III Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 DON W. EAST Pilot Mountain 

VIRGINIA FOXX Banner Elk 

13 WILBUR P. GULLEY Durham 

JEANNE H. LUCAS Durham 

14 HENRY E. McKOY Raleigh 

J. K. SHERRON, JR Raleigh 

15 DANIEL E. PAGE Coats 

16 FRED M. HOBBS Southern Pines 

TEENA S. LITTLE Southern Pines 

17 J. RICHARD CONDER Rockingham 

AARON W PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 HAMILTON C. HORTON Winston-Salem 

JAMES MARK McDANIEL Pfafftown 

21 HUGH WEBSTER Yanceyville 

22 FLETCHER L. HARTSELL, JR Concord 

23 PAULS. SMITH Salisbury 

24 ANTHONY E. RAND Fayetteville 

25 DAVID HOYLE Dallas 

26 AUSTIN M. ALLRAN Hickory 

27 DONALD R. KINCAID Lenoir 

DAN R. SIMPSON Morganton 

28 R L CLARK Asheville 

JESSE I. LEDBETTER Asheville 

29 CLARK PLEXICO Hendersonville 

30 DAVID R. PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 THOMAS B. SAWYER, SR Greensboro 

33 CHARLIE SMITH DANNELLY Charlotte 

34 T. L. ODOM Charlotte 

35 JOHN GERALD BLACKMON Charlotte 

36 JOHN H. CARRINGTON Raleigh 

37 DENNIS DAVIS Lattimore 

38 BETSY L. COCHRANE Advance 

39 JAMES FORRESTER Stanley 

40 LESLIE WINNER Charlotte 

41 C. R. EDWARDS Fayetteville 

42 ROBERT C. CARPENTER Franklin 

(See Appendix for Senatorial Districts) 









SENATE JOURNAL 

EXTRA SESSION 
FEBRUARY — 1996 






FIRST DAY 

Senate Chamber, 
Wednesday, February 21, 1996. 

In accordance with law, as set forth in the Constitution of the State of North 
Carolina, and pursuant to the Proclamation issued by the Governor, the Honorable 
James B. Hunt, Jr., on January 25, 1996, the Senate of the 1995 General Assembly 
convenes in Extra Session at the hour of 10:00 A.M. in the Senate Chamber in the 
Legislative Building in the City of Raleigh. 

The Honorable Dennis A. Wicker, Lieutenant Governor and President of the 
Senate, presides and calls the Senate to order. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"As we open this Session in prayer, let us do so by observing a few moments of 
silence in honor and memory of Senator J. Ollie Harris who died on February 9th. 
He served this Senate community and our State ably for ten terms. We shall miss 
him." (The Senate respectfully stands silent after which prayer is offered.) 

"O God, help us to be Your faithful followers. We know one thing. We cannot 
be faithful on our own. Your demands are too great; our ethical and moral 
resources are too small. Your Kingdom and its values seem far removed at times 
from the places where we work and make our homes. 

"We ask that You give us what we need most in our successes and failures in 
order to be faithful to You. Give us Your Presence. You standing beside us in all 
that we do. You going forth from this place with us into the world. Without You, 
we cannot make it. With You, we can do all things, in Your Name. Amen" 

Led by the Lieutenant Governor, members and guests remain standing and 
pledge allegiance to the United States of America. 

The President lays before the Senate the Proclamation issued by Governor 
James B. Hunt, Jr. on January 25, 1996, as follows: 



February 21, 1996 



JAMES B. HUNT JR. 
GOVERNOR 



SENATE JOURNAL [Extra Session 

STATE OF NORTH CAROLINA 

PROCLAMATION 



WHEREAS, North Carolina has a thriving economy, with strong job growth and 
the lowest unemployment rate of the eleven largest states. 

WHEREAS, after three successive reductions in the unemployment insurance tax 
paid by employers, the balance of the North Carolina Unemployment Trust Fund 
continues to exceed the amount necessary to cover unemployment claims for a two 
year period during a recession. 

WHEREAS, an additional tax cut could be passed without endangering the sol- 
vency of the Trust Fund. 

WHEREAS, changes in the Employment Security Law could reduce the tax bur- 
den for North Carolina employers, saving them $140 million in unemployment 
insurance taxes in 1996 and helping encourage new investment, economic growth, 
and more jobs. 

WHEREAS, enacting these changes before the end of the first quarter of 1996 
instead of the next scheduled session of the General Assembly in May could save 
employers $50 million. 

WHEREAS, I have sought and received the advice of the Council of State that 
these circumstances constitute an extraordinary occasion within the meaning of 
Article III, Sec. 5(7) of the Constitution and that immediate action by the General 
Assembly is required and that the General Assembly should be convened into 
extra session to address the matter. I have also discussed the circumstances with 
the Lieutenant Governor, the President Pro Tempore of the Senate, and the 
Speaker of the North Carolina House of Representatives. They are of the same 
view. 

NOW, THEREFORE, I, James B. Hunt, Jr., Governor of the State of North 
Carolina, pursuant to the authority granted to me by Article III, Sec. 5(7) of the 
Constitution of North Carolina, find that the circumstances stated above constitute 
an extraordinary occasion within the meaning of Article III, Sec. 5(7) of the 
Constitution of North Carolina and PROCLAIM that the General Assembly is 
hereby convened in an extra session for the purpose of considering legislation to 
enact changes to the Employment Security Law that would implement a zero tax 
rate for all employers with a positive unemployment insurance tax rate, allow 
employers with negative tax rates to qualify for the zero tax rate by pre-paying 
taxes, and reduce the assigned rate for new employers from 1.8% to 1.2% and let 
those employers qualify sooner for a lower rate. 

The extra session shall begin the 21st of February, 1996 at 10:00 a.m. and shall 
continue as provided by law and the rules of each House until both Houses shall 
have adjourned sine die. 



February 21, 1996 



1996] SENATE JOURNAL 7 

Done in Raleigh, North Carolina, this the 25th day of January, 1996. 

S/James B. Hunt Jr. 
(Seal) Governor 

The President orders a call of the roll taken electronically of the members of the 
Senate heretofore elected to the 1995 General Assembly, and the following answer 
the call: 

Senators Albertson, Allran, Ballance, Ballantine, Basnight, Blackmon, Carpenter, 
Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, Davis, East, Edwards, 
Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, 
Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, 
Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 50. 

With all members present, having properly received and subscribed to the oath 
of office, the President announces a quorum present. 

ADOPTION OF RULES 

The Chair recognizes Senator Rand who submits a Senate simple resolution 
which is read and disposed of, as follows: 

By Senators Rand, Plyler, and Gulley: 

S.R. 1, a Senate simple resolution adopting the Permanent Rules of the Senate 
for the Extra Session, February 1996, of the General Assembly. 

On motion of Senator Rand, the Senate simple resolution is placed before the 
Senate for immediate consideration, upon adoption, as follows: 

S.R. 1, A SENATE RESOLUTION ADOPTING THE PERMANENT RULES 

OF THE SENATE FOR THE EXTRA SESSION, FEBRUARY 1996, OF THE 

GENERAL ASSEMBLY. 
Be it resolved by the Senate: 

Section 1. The permanent rules of the 1995 Regular Session, with the 
following amendments, are the rules governing the Extra Session, February 1996, 
of the General Assembly: 
Rule 40. Introduction of bills. 

Every bill introduced shall contain on the outside cover the title of the docu- 
ment and name of the Senator or Senators presenting it. Bills shall be delivered 
by the primary sponsor of the document to the Senate Principal Clerk who shall 
receive, number, and present said bill to the Senate for first reading. 
Rule 40.1. Limitation on resolutions and bills. 

The only resolutions that may be introduced or considered in the Senate are 
resolutions adjourning the Extra Session sine die. All bills shall be excluded from 
introduction or consideration in the Senate, other than those requested by the 
Governor's Proclamation dated January 25, 1996, convening the Extra Session: to 
enact changes to the Employment Security Law that would implement a zero tax 
rate for all employers with a positive unemployment insurance tax rate, allow 
employers with negative tax rates to qualify for the zero tax rate by prepaying 



February 21, 1996 



8 SENATE JOURNAL [Extra Session 

taxes, and reduce the assigned rate for new employers from one and eight-tenths 
percent (1.8%) to one and two-tenths percent (1.2%) and let those employers 
qualify sooner for a lower rate. Such bill may also include provisions authorizing 
the Legislative Research Commission to study issues relating to the State's Employ- 
ment Security Law, Chapter 96 of the General Statutes. 
Rule 41. (Reserved) 
Rule 43. First reading; reference to committee. 

All bills introduced and all House bills received upon a message from the House 
of Representatives, upon presentation to the Senate, shall be read in the regular 
order of business by their number and title which shall constitute the first reading 
of the bill. The Chairman of the Rules and Operation of the Senate Committee 
or, in his absence, the Vice-Chairman of the Committee shall refer to a Senate 
committee all bills introduced in the Senate. Upon the referral being made, the 
Chairman of the Committee on Rules and Operation of the Senate shall notify the 
Principal Clerk of the Senate of the referral, and the Reading Clerk shall announce 
the referral of the bill. The Principal Clerk shall inform the Presiding Officer of 
the referral. The title and referral shall be entered upon the Journal. 
Rule 43.1. Second reading. 

All bills reported by committee shall be placed before the Senate for second 
reading and immediate consideration upon passage. 
Rule 50. Third reading requirements. 

When a bill or resolution has passed its second reading, it shall be placed on the 
calendar for immediate consideration on its third reading, unless prohibited by 
Article II, Section 23 of the Constitution. 

Rule 56.1. Amendments and committees substitutes adopted by the House to 
bills originating in the Senate. 

(a) Whenever the House has adopted an amendment or a committee substitute 
for a bill originating in the Senate, and has returned the bill to the Senate for 
concurrence in that amendment or committee substitute, the Senate may concur in 
that amendment or committee substitute on the same legislative day. 
Rule 59. (Reserved). 

Sec. 2. This resolution is effective upon adoption. (See Appendix) 

On motion of Senator Rand, the Senate simple resolution is adopted (50-0) as 
the Permanent Rules governing this Extra Session of the 1995 General Assembly. 

APPOINTMENT OF COMMITTEES 

Senator Basnight, President Pro Tempore, announces that all Standing Com- 
mittees of the Senate heretofore appointed during the 1995 Regular Session, 
including Chairmen, Vice-Chairmen, Ranking Minority Members, and all Members 
are hereby appointed to serve during this Extra Session. 

The President orders a special message sent to the House of Representatives 
informing that Honorable Body that the Senate is organized and ready to proceed 
with the public business of this Extra Session of the 1995 General Assembly as 
stated in the Proclamation issued by the Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



February 21, 1996 



1996] SENATE JOURNAL 9 

House of Representatives 
February 21, 1996 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable 
Body that the House of Representatives, pursuant to the Proclamation issued by 
the Governor, is organized and stands ready to proceed with the public business of 
the 1996 Extra Session. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

MESSAGE FROM THE LEGISLATIVE SERVICES COMMISSION 

Pursuant to G.S. 120-32(5), a message is received from the Legislative Services 
Officer, George Hall, as follows: 

"This is to advise that Beth Barnes will serve as Enrolling Clerk for the Extra 
Session." 

INTRODUCTION OF BILLS, PETITIONS AND RESOLUTIONS 

A bill is presented to the Senate, read the first time, and disposed of, as follows: 

By Senators Kerr, Sherron, Albertson, Allran, Ballance, Basnight, Blackmon, 
Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, Davis, East, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kincaid, 
Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, 
Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Sawyer, Shaw, Simpson, Smith, 
Soles, Speed, Warren, Webster, and Winner: 

S.B. 2, a bill to implement a zero unemployment insurance tax rate for 1996 for 
all employers with a positive experience rating, allow employers with a negative 
rating to qualify for the zero rate by prepaying taxes, reduce the rate for new 
employers from one and eight-tenths percent to one and two-tenths percent, allow 
new employers to qualify sooner for reduced rates, and authorize a Legislative 
Research Commission study. 

Referred to Finance Committee. 

The Chair recognizes Senator Kerr who announces a meeting of the Finance 
Committee upon recess. 

Upon motion of Senator Basnight, the Senate recesses at 10:15 A.M. for the 
purpose of a Finance Committee meeting to reconvene at 10:20 A.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 



February 21, 1996 



10 SENATE JOURNAL [Extra Session 

EXECUTIVE ORDERS 

The following Executive Orders received after adjournment on July 29, 1995, of 
the First Regular Session of the 1995 General Assembly (see Appendix) are pres- 
ented in writing to the Senate and ordered, with unanimous consent, placed on file 
in the Office of the Principal Clerk: 

Executive Order Number 83, Amending the Commission on Substance Abuse 
Treatment and Prevention. 

(Rescinds Executive Order Number 46) 

Executive Order Number 84, North Carolina Home Furnishings Export Council. 

Executive Order Number 85, Escorts for Foreign Research Reactor Spent 
Nuclear Fuel. 

Executive Order Number 86, North Carolina State Postsecondary Eligibility 
Review Commission. 

(Rescinds Executive Order Number 72) 

Executive Order Number 87, Extending Executive Orders 26, 27, 28, 29, 30, and 
34 for Two Years. 

26 Board of Trustees of the N.C. Public Employee Deferred Compensation 
Plan; 

27 Governor's Commission for Recognition for State Employees; 

28 Agriculture, Forestry, and Seafood Industry Advisory Committee; 

29 Teacher Advisory Committee; 

30 Highway Beautification Council; 
34 Highway Safety Commission. 

Executive Order Number 88, Amending Statewide Flexible Benefits Program. 
(Amends Executive Order Number 66; see H 898 [Sec. 2.1(13)c]) 

Executive Order Number 89, Directing State Purchasing Agents to Meet with 
Representatives of the Blind and Severely Disabled. 

Executive Order Number 90, Establishment of Workforce Development Boards. 

Executive Order Number 91, Persian Gulf War Memorial Commission. 
(Rescinds Executive Order Numbers 33 and 82) 

Executive Order Number 92, Council for Young Adult Drivers. 

Executive Order Number 93, North Carolina/Eastern Band of Cherokee Indians 
Development Task Force. 

REPORTS TO GENERAL ASSEMBLY 

The following reports received after adjournment on July 29, 1995, of the First 
Regular Session of the 1995 General Assembly from boards, commissions, and 
agencies directed to report to the General Assembly (see Addendum) are presented 
to the Senate and ordered, with unanimous consent, placed on file in the 
Legislative Library: 

Pursuant to G.S. 130A-309.14, the North Carolina Department of Environment, 
Health, and Natural Resources submits the "Solid Waste Management Fourth 
Annual Report July 1, 1993-June 30, 1994." 

Pursuant to G.S. 143B-39(14) and (15) and Chapter 769, Sec. 10.1 of the 1993 
Session Laws, the Office of the State Controller submits the "North Carolina 
Information Highway Report." 



February 21, 1996 



1996] SENATE JOURNAL 1 1 

Pursuant to G.S. 143B-152.10, the North Carolina Department of Human 
Resources submits the "Family Resource Centers Annual Report 1994-1995." 

Pursuant to G.S. 90-210.70(d) the North Carolina Board of Mortuary Science 
submits the "Annual Report - Record of Complaints, Auditing and Enforcement." 

Pursuant to Chapter 316 of the 1995 Session Laws, the Administrative Office of 
the Courts submits the Report on Equitable Distribution Cases. 

Pursuant to Chapter 507, Sec. 26.9(1) of the 1995 Session Laws, the Heart 
Disease and Stroke Prevention Task Force submits its Preliminary Report. 

Pursuant to Chapter 507, Sec. 23.11A of the 1995 Session Laws, the North 
Carolina Department of Human Resources submits the "Domiciliary Care Report 
for the Second Quarter of SFY 1995-96." 

Pursuant to G.S. 147-68, the Department of State Treasurer submits the "Annual 
Report Fiscal Year 1994-1995." 

RESOLUTION FROM ANOTHER STATE 

The following resolution received October 10, 1995, from another Legislative 
Body is presented to the Senate and ordered filed in the Office of the Principal 
Clerk with the papers of the Senate: 

California Senate Joint Resolution No. 2, memorializing the Congress of the 
United States to enact an amendment to the Clean Air Act that will eliminate the 
provisions mandating an employer trip reduction program in extreme and severe 
nonattainment areas and, instead, allow states to pursue practical and cost-effective 
alternatives toward solving their air quality problems. (See Appendix) 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 2, a bill to implement a zero unemployment insurance tax rate for 1996 for 
all employers with a positive experience rating, allow employers with a negative 
rating to qualify for the zero rate by prepaying taxes, reduce the rate for new 
employers from one and eight-tenths percent to one and two-tenths percent, allow 
new employers to qualify sooner for reduced rates, and authorize a Legislative 
Research Commission study, with a favorable report. 

Pursuant to Rule 43.1, the Chair orders the bill placed before the Senate for 
immediate consideration upon its passage. 

The bill passes its second (50-0) and third readings and is ordered sent to the 
House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting a 
joint resolution which is read the first time and disposed of, as follows: 



February 21, 1996 



12 SENATE JOURNAL [Extra Session 

H.J.R. 3, a joint resolution providing for adjournment sine die of the 1996 Extra 
Session. 

On motion of Senator Rand, the rules are suspended with unanimous consent, 
and the joint resolution is placed before the Senate for immediate consideration 
upon its passage. 

The joint resolution passes its second (49-0) and third readings and is ordered 
enrolled. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled 
and they are duly ratified and sent to the Office of the Secretary of State: 

S.B. 2, an act to implement a zero unemployment insurance tax rate for 1996 for 
all employers with a positive experience rating, allow employers with a negative 
rating to qualify for the zero rate by prepaying taxes, reduce the rate for new 
employers from one and eight-tenths percent to one and two-tenths percent, allow 
new employers to qualify sooner for reduced rates, and authorize a Legislative 
Research Commission study. (Ch. 1) (See Appendix) 

H.J.R. 3, a joint resolution providing for adjournment sine die of the 1996 Extra 
Session. (Res. 1) 

Having completed all business, the President orders a message sent to the House 
of Representatives informing that Honorable Body that the Senate has concluded 
the business for which it is convened by the Proclamation of the Governor and 
stands ready to adjourn this Extra Session of the 1995 General Assembly sine die. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 3 House of Representatives 

February 21, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body respectfully advising 
that in accordance with H.J.R. 3, "A JOINT RESOLUTION PROVIDING FOR 
ADJOURNMENT SINE DIE OF THE 1996 EXTRA SESSION, the 1995 House 
of Representatives has concluded the public business before it and stands ready to 
adjourn. 

Upon receipt of a message from your Honorable Body that the Senate is ready 
to open its doors, the doors of the House shall be open to the end that the gavels 
may fall simultaneously and adjournment may be declared sine die. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



February 21, 1996 



1996] SENATE JOURNAL 13 

Senator Basnight, seconded by Senator Smith, offers a motion that the Senate 
of the 1995 General Assembly, meeting in Extra Session under the call of the 
Governor, do now adjourn, sine die. 

Pursuant to the message that the House of Representatives has concluded the 
business before it and having notified that Honorable Body that the Senate has 
concluded the business before it, the President of the Senate declares the Senate 
stands ready for adjournment, sine die. The President orders the doors of the 
Senate thrown open. The Speaker of the House of Representatives is perceived 
standing ready to let the gavel fall. 

The motion heretofore offered by Senator Basnight, seconded by Senator Smith, 
prevails. The hour for adjournment sine die as fixed by Resolution 1 having 
arrived, the President of the Senate, Lieutenant Governor Dennis A. Wicker, 
declares the Senate of the 1995 General Assembly sitting in Extra Session 
adjourned at 12:19 P.M., sine die. 

DENNIS A. WICKER 
President of the Senate 

SYLVIA MORRIS FINK 
Principal Clerk of the Senate 



February 21, 1996 



14 SENATE JOURNAL [Session 



1996] SENATE JOURNAL 15 

ADDENDUM 



It will be noted that numerical figures appear within parentheses throughout the 
Senate Journal. These figures represent the affirmative and negative votes cast 
and recorded electronically, pursuant to Senate Rule 25. Copies of the voting 
print-out are on file in the Legislative Library and the original is deposited in the 
Division of Archives and History of the Department of Cultural Resources. 

Sylvia Fink 
Principal Clerk 



GENERAL ASSEMBLY REPORTS 

A complete listing of reports received from Boards, Commissions and Agencies 
directed to report to the 1995 General Assembly through adjournment sine die will 
appear in the Senate Journal, Second Session 1996. An itemized listing of those 
reports received during the 1996 Extra Session appear in the alphabetical index 
under Reports (Submitted to General Assembly). 















16 SENATE JOURNAL [Extra Session 



APPENDIX 

NORTH CAROLINA GENERAL ASSEMBLY 
SENATORIAL DISTRICTS 

(G.S. 120-1) 

For a full listing of the Senatorial Districts, see page 423 of the Senate Journal, 
Second Session 1996. 



SENATE RESOLUTIONS 
EXTRA SESSION 1996 

Adopted February 21. 1996 (See page 7) 

S.R. 1, A SENATE SIMPLE RESOLUTION ADOPTING THE PERMANENT 
RULES OF THE SENATE FOR THE EXTRA SESSION, FEBRUARY 1996, OF 
THE GENERAL ASSEMBLY. 



RATIFIED BILL 

Ratified February 21, 1996 (See page 12) 

CHAPTER 1 
SENATE BILL 2 

AN ACT TO IMPLEMENT A ZERO UNEMPLOYMENT INSURANCE TAX 
RATE FOR 1996 FOR ALL EMPLOYERS WITH A POSITIVE EXPERI- 
ENCE RATING, ALLOW EMPLOYERS WITH A NEGATIVE RATING TO 
QUALIFY FOR THE ZERO RATE BY PREPAYING TAXES, REDUCE THE 
RATE FOR NEW EMPLOYERS FROM ONE AND EIGHT-TENTHS PER- 
CENT TO ONE AND TWO-TENTHS PERCENT, ALLOW NEW EMPLOY- 
ERS TO QUALIFY SOONER FOR REDUCED RATES, AND AUTHORIZE 
A LEGISLATIVE RESEARCH COMMISSION STUDY. 

The General Assembly of North Carolina enacts: 

Section 1. G.S. 96-9(b)(l) reads as rewritten: 

"(1) Be ginning Rate. — The standard beginning rate of contributions for an 
employer is a percentage of wages paid by the employer during a 
calendar year for employment occurring during that year. The rate is 
determined in accordance with the following table: 



1996] SENATE JOURNAL 17 

Percentag e Date After Which Employment Occurs 

2.25% December 31, 1986 

1.8 December 31, 449^ 1993 

12 December 31. 1995 " 

Sec. 2. G.S. 96-9(b)(2) reads as rewritten: 

"(2) Experience Rating. — 

a. Waiting Period for Rate Reduction. — No employer's contribution 
rate shall be reduced below the standard rate for any calendar year 
unle ss and until his until its account has been chargeable with bene- 
fits throughout more than 13 consecutive for at least 12 calendar 
months ending July 31 immediately preceding the computation date 
and his credit reserve ratio meets the requirement s of that schedule 
used in the computation, date. 

b. Credit Ratio. — The Commission shall, for each year, compute a 
credit reserve ratio for each employer whose account has a credit 
balance and has been chargeable with benefits as set forth in G.S. 
96 - 9(b)(2)a of this Chapter, balance. An employer's credit reserve 
ratio shall be the quotient obtained by dividing the credit balance of 
swk the employer's account as of July 31 of each year by the total 
taxable payroll of sueb the employer for the 36 calendar-month 
period ending June 30 preceding the computation date. Credit bal- 
ance as used in this section means the total of all contributions paid 
and credited for all past periods in accordance with the provisions of 
G.S. 96-9(c)(l) together with all other lawful credits to the account 
of the employer less the total benefits charged to the account of the 
employer for all past periods. 

c. Debit Ratio. — The Commission shall for each year compute a debit 
ratio for each employer whose account shows that the total of all his 
its contributions paid and credited for all past periods in accordance 
with the provisions of G.S. 96-9(c)(l) together with all other lawful 
credits is less than the total benefits charged to his its account for all 
past periods. An employer's debit ratio shall be the quotient ob- 
tained by dividing the debit balance of mob the employer's account 
as of July 31 of each year by the total taxable payroll of suek the 
employer for the 36 calendar-month period ending June 30 preced- 
ing the computation date. The amount arrived at by subtracting the 
total amount of all contributions paid and credited for all past 
periods in accordance with the provisions of G.S. 96-9(c)(l) together 
with all other lawful credits of the employer from the total amount 
of all benefits charged to the account of the employer for such 
periods is the employer's debit balance. 

d Other Provisions. — For purposes of this subsection, the first date 
on which an account shall be chargeable with benefits shall be the 
first date with respect to which a benefit year (as as defined in 
G.S. 96 - 8(17)[)] 96-8 can be established, based in whole or in part 
on wages paid by that employer. 

No employer's contribution rate shall be reduced below the stan- 
dard rate for any calendar year unless his its liability extends over a 
period of all or part of three two consecutive calendar years and, as 
of August 1 of the third second year, his its credit reserve ratio 
meets the requirements of that schedule used in computing rates for 
the following calendar year, unless the employer's liability was 



18 SENATE JOURNAL [Extra Session 

established under G.S. 96-8(5)b and his its predecessor's account was 
transferred as provided by G.S. 96-9(c)(4)a. 

Whenever contributions are erroneously paid into one account 
which should have been paid into another account or which should 
have been paid into a new account, that erroneous payment can be 
adjusted only by refunding the erroneously paid amounts to the pay- 
ing entity. No pro rata adjustment to an existing account may be 
made, nor can a new account be created by transferring any portion 
of the erroneously paid amount, notwithstanding that the entities 
involved may be owned, operated, or controlled by the same person 
or organization. No adjustment of a contribution rate can be made 
reducing said the rate below the standard rate for any period in 
which the account was not in actual existence and in which it was 
not actually chargeable for benefits. Whenever payments are found 
to have been made to the wrong account, refunds can be made to 
the entity making the wrongful payment for a period not exceeding 
five years from the last day of the calendar year in which it is deter- 
mined that wrongful payments were made. Notwithstanding payment 
into the wrong account, any if an entity which is determined to have 
met the requirements to be a covered employer, whether or not the 
entity has had paid on the account of its employees any sum into 
another account, the Commission shall collect contributions at the 
standard rate or the assigned rate, whichever is higher, for the five 
years preceding the determination of erroneous payments, said which 
five years te shall run from the last day of the calendar year in 
which the determination of liability for contributions or additional 
contributions is made. This paragraph shall apply to all cases arising 
hereunder, the que s tion of good faith notwithstanding, requirement 
applies regardless of whether the employer acted in good faith. " 
Sec. 3. (a) G. S. 96-9(b)(3)g. reads as rewritten: 

"g. Any employer may at any time make a voluntary contribution, addi- 
tional to the contributions required under this Chapter, to the fund 
to be credited to his its account, and such voluntary contributions 
when made shall for all intents and purposes be deemed 'contribu- 
tions required' as sa44 this term is used in G.S. 96-8(8). Any volun- 
tary contributions so made by an employer within 30 days after the 
date of mailing by the Commission pursuant to G.S. 96-9(c)(3) here - 
ifty of notification of contribution rate contained in cumulative ac- 
count statement and computation of rate, shall be credited to his its 
account as of the previous July 31. Provided, however, any voluntary 
contribution made a s provided herein If. however, the voluntary con- 
tribution is made after July 31 of any year it shall not be considered 
a part of the balance of the unemployment insurance fund for the 
purposes of G.S. 96-9(b)(3) until the following July 31. The Commis- 
sion in accepting a voluntary contribution shall not be bound by any 
condition stipulated in or made a part of such the voluntary con- 
tribution by any employer. 

An employer that has a debit ratio under G.S. 96-9(b)(2)c. as of 
January 1. 1996. may make an additional contribution pursuant to 
this subdivision during the 1996 calendar year. If this voluntary 
contribution is made within 30 davs after the Commission furnishes 



1996] 



SENATE JOURNAL 



19 



the employer an account status notice, this voluntary contribution 
shall be credited to the employer's account as of July 31. 1995. " 

(b) Effective January 1, 1997, the last paragraph of G.S. 96-9(b)(3)g., as 
added by subsection (a) of this section, is repealed. 

Sec. 4. G.S. 96-9(b)(3) is amended by adding a new subdivision to read: 
" d4. The standard beginning contribution rate set by subdivision (1) of 
this subsection applies to an employer unless the employer's account 
has a credit balance or a debit balance. Notwithstanding the provi- 
sions of subdivision (3)d3. of this subsection, beginning January 1. 
1996. and for the calendar year 1996 only, the contribution rate of 
an employer whose account has a credit balance is determined in 
accordance with the rate set in the following Experience Rating 
Formula table for the applicable rate schedule. 

EXPERIENCE RATING FORMULA 



When The Credit Ratio Is 
















As 


But 




















Much 


Less 




















As 


Than 


























Rate Schedules (%\ 














A 


B 


c 


D 


E 


F 


G 


H 


I 


0.0% 


0.2% 


2.70 


2.70 


2.70 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


0.2% 


0.4% 


2.70 


2.70 


2.70 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


0.4% 


0.6% 


2.70 


2.70 


2.50 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


0.6% 


0.8% 


2.70 


2.50 


2.30 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


0.8% 


1.0% 


2.50 


2.30 


2.10 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


1.0% 


1.2% 


2.30 


2.10 


1.90 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


1.2% 


1.4% 


2.10 


1.90 


1.70 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


1.4% 


1.6% 


1.90 


1.70 


1.50 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


1.6% 


1.8% 


1.70 


1.50 


1.30 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


1.8% 


2.0% 


1.50 


1.30 


1.10 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


2.0% 


2.2% 


1.30 


1.10 


0.90 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


2.2% 


2.4% 


1.10 


0.90 


0.80 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


2.4% 


2.6% 


0.90 


0.80 


0.70 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


2.6% 


2.8% 


0.80 


0.70 


0.60 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


2.8% 


3.0% 


0.70 


0.60 


0.50 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


3.0% 


3.2% 


0.60 


0.50 


0.40 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


3.2% 


3.4% 


0.50 


0.40 


0.30 


0.00 


0.00 


o.oo 


0.00 


0.00 


0.00 


3.4% 


3.6% 


0.40 


.0.30 


0.20 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


3.6% 


3.3% 


0.30 


0.20 


0.15 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


3.8% 


4.0% 


0.20 


0.15 


0.10 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


4.0% 


4.2% 


0.15 


0.10 


0.09 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


4.2% 


4.4% 


0.10 


0.09 


O08 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


4.4% 


4.6% 


0.09 


0.08 


0.07 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


4.6% 


4.8% 


0.08 


0.07 


0.06 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


4.8% 


5.0% 


0.07 


0.06 


0.05 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


5.0% 


OVER 0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00 


0.00" 



Sec. 5. (a) The Legislative Research Commission is authorized to study 
issues relating to the State's Employment Security Law, Chapter 96 of the General 
Statutes. The Legislative Research Commission is encouraged to appoint at least 



20 SENATE JOURNAL [Extra Session 

one member of the minority political party in each house to participate in the 
study. 

(b) The Commission may make an interim report of its recommendations 
regarding the Employment Security Law to the 1996 Regular Session of the 1995 
General Assembly and shall make a final report to the 1997 General Assembly. 

Sec. 6. Section 4 of this act is effective with respect to calendar quarters 
beginning on or after January 1, 1996, and before January 1, 1997. Section 3(b) of 
this act becomes effective January 1, 1997. The remainder of this act is effective 
upon ratification. 

In the General Assembly read three times and ratified this the 21st day of 
February, 1996. 



1996] SENATE JOURNAL 21 

EXECUTIVE ORDERS 

of the 

GOVERNOR OF THE STATE 

OF NORTH CAROLINA 



Executive Orders received by the Senate Principal Clerk following adjournment 
of the 1995 General Assembly on July 29, 1995 through adjournment, sine die, of 
the 1996 Extra Session of the 1995 General Assembly on February 21, 1996, as 
issued by the Office of the Governor of the State of North Carolina in compliance 
with G.S. 147-16.1, are summarized below. 

The full text of Executive Orders 83 through 93 issued by Governor James B. 
Hunt, Jr., can be found in the Session Laws of the 1995 General Assembly, Second 
Session 1996. 



Executive Date of 

Order Title Issuance 

83 Amending the Commission on Substance August 3, 1995 
Abuse Treatment and Prevention 

Establishes: Governor appoints 20-member Commission to serve at his pleasure. 
Term: staggered four-year. Governor designates Chairman. Establishes: Office of 
Substance Abuse Policy. Commission and Office housed in Department of 
Administration; oversight — Governor's Policy Office. Duties: Review/recommend 
changes in existing substance abuse laws in coordination of state/local resources; 
encourage cooperation in public/private sector; conduct public hearings; increase 
public awareness of substance abuse problems; assist local boards, councils, or 
commissions to identify intervention/ treatment needs. Staff: Office hires staff. 
Expenses: travel/subsistence. Funding: Governor's discretionary funds and 
drug/alcohol agencies. Reports: Semi-annual; agencies subject to Executive 
Budget Act shall report to the Office and the Office of State Budget and 
Management. The Commission and Office shall report to Governor. Rescinds: 
Executive Order Number 46. Effective: immediately. 

84 North Carolina Home Furnishings Export Council August 24, 1995 
Establishes: Council limited to 30 voting members who serve at pleasure of 
Governor from home furnishing export industry. Governor and Secretary of 
Commerce serve ex officio. Governor appoints Chair. Duties: Liaison between 
manufacturers and State Export Office; advise Division of International Trade of 
Department of Commerce; and explore increased home furnishing exportation. 
Department of Commerce provides administrative and financial support. 
Expenses: travel/subsistence. 

85 Escorts for Foreign Research Reactor September 12, 1995 
Spent Nuclear Fuel 

Directs: State Highway Patrol Commander assigns personnel to escort through 
State shipments of Foreign Research Reactor Spent Nuclear Fuel from Sunny 
Point Army Terminal to Savannah River federal facility in South Carolina. Other 
State employees assigned as necessary. Effective: immediately; expires in ninety 
days unless terminated or extended by further Executive Order. (See Executive 
Order Number 62) 



22 SENATE JOURNAL [Extra Session 

86 North Carolina State Postsecondary Eligibility September 12, 1995 
Review Commission 

Commission held final meeting and adopted dissolution resolution due to federal 
funding elimination. Rescinds: Executive Order Number 72. Effective: 
immediately. 

87 Extending Executive Orders 26, 27, 28, 29, 30, October 27, 1995 
and 34 for Two Years 

26 Board of Trustees of the N.C. Public Employee Deferred 
Compensation Plan; 

27 Governor's Commission for Recognition for State Employees; 

28 Agriculture, Forestry, and Seafood Industry Advisory Committee; 

29 Teacher Advisory Committee; 

30 Highway Beautification Council; 
34 Highway Safety Commission. 

88 Amending Statewide Flexible Benefits Program October 27, 1995 
Increases membership to 14 — adds representative from the Departments of 
Environment, Health, and Natural Resources, Human Resources, Transportation, 
Correction, and two private sector representatives; removes General Assembly 
representative. Amends: Executive Order 66, issued December 5, 1994, changing 
Employee Flexible Benefits Program (EFBP) to Statewide Employee Flexible 
Benefits Program (SEFBP); adds Manager as voting ex officio member. 

89 Directing State Purchasing Agents to Meet with October 31, 1995 
Representatives of the Blind and Severely Disabled 

Directs: Department of Administration to compile/maintain list of nonprofit work 
centers for blind and severely disabled (G.S. 143-48(b)[lb]) and disseminate to 
purchasing agents subject to this Order and G.S. 143-48.2. Apprise work centers 
of opportunities available. Effective: immediately. 

90 Establishment of Workforce Development Boards December 5, 1995 
Establishes: Workforce Development Boards from Private Industry Councils 
established under Federal Job Training Partnership Act, to serve as governance 
boards for centers established under North Carolina's One Stop Career Center 
system. Boards shall be linked for planning and policy development to appropriate 
regions of North Carolina Partnership for Economic Development; interim step 
pending Federal workforce development "block grant" legislation. Membership: 
Outlined in Section 102 of Federal Job Training Partnership Act. Duties: 
Plan/oversee delivery of programs; advise local level of policy and programs; 
contact for public entities to communicate needs; develop linkages to promote 
cooperation; develop local plan with community partners; respond to goals, 
objectives, and standards set by Governor; collaborate with local JobReady 
Councils and others to develop school-to-work plans; review/approve local plans to 
State JobReady Partnership Council; develop industry/sector analysis to set training 
priorities; and evaluate performance of centers, programs, and activities. 
Planning/oversight as follows: Job Training Partnership Act programs, Employment 
Service, The Work First (JOBS) training/placement programs, Food Stamp 
Employment and Training Program, Older Americans Act Job Training and 
Employment Program, Vocational Rehabilitation programs, and JobReady school 
to work programs. Funding: Current Federal Job Training Partnership Act. 
Effective: immediately and until superseded by subsequent federal or state 
legislation or Executive Order. 



1996] SENATE JOURNAL 23 

91 Persian Gulf War Memorial Commission December 13, 1995 
Establishes: Commission appointed by Governor, as follows: two recommended by 
Speaker, House of Representatives; two recommended by President Pro Tempore, 
Senate; five including representative of Desert Storm Memorial Foundation; and 
one non-voting ex-offtcio member representing Department of Cultural Resources, 
Division of Veterans Affairs of the Department of Administration, and State 
Capitol Planning Commission. Chair appointed from membership which serves for 
life of Commission. Purpose: propose site selection, design, funding, and 
construction of Persian Gulf War Memorial; study concept of State veterans park 
and recommend plans for design, location, and funding. Report: Final by 
March 15, 1996. Rescinds: Executive Order No. 33 (Persian Gulf War 
Commission) dated November 10, 1993, and Executive Order No. 82 dated 
July 27, 1995 with files and records transferred to this successor Commission. 
Effective: immediately. 

92 Council for Young Adult Drivers December 13, 1995 
Establishes: Council limited to twenty-five students and young adults appointed 
by Governor and up to six elected by regional councils to be advisory committee 
to Governor's Highway Safety Commission. Governor appoints Chair/Vice Chair. 
Six regional councils of students from school districts. Duties: Shall 
Research/evaluate and establish guidelines, direction, and curricula to promote 
young asdult safe driving. Report: Annually. Upon approval, programs and 
recommendations shall become the official State of North Carolina Young Adult 
Traffic Safety Plan. Funding: Governor's Highway Safety Program. Staff 
Director: Youth Traffic Safety Coordinator. Effective: immediately. 

93 North Carolina/Eastern Band of Cherokee Indians December 21, 1995 
Development Task Force 

Establishes: Twenty-eight member Task Force; twelve appointed by Governor; 
twelve appointed by Principal Chief, Eastern Band of Cherokee Indians; and 
ex-officio, non-voting members (or designee): Regional Supervisor, U.S. Forest 
Service; Superintendent, Blue Ridge Parkway; Superintendent, Great Smoky 
Mountains National Park; and Chairman of the Board, Tennessee Valley Authority. 
Governor/Principal Chief each appoint co-chairs who preside jointly. Term: two 
years. Duties: Develop an economic strategy; promote cooperation between 
Eastern Band, general public, State, Federal, and local governments; provide forum 
for major business installation; and advise Governor/Principal Chief of Eastern 
Band economic development activities. 






24 SENATE JOURNAL [Extra Session 

RESOLUTIONS FROM OTHER STATES 

The following resolution is received from another legislative body: 

February 21. 1996 (See page 11) 
(Received October 10, 1995) 

SENATE 
CALIFORNIA LEGISLATURE 
RICK ROLLENS 
SECRETARY OF THE SENATE 

October 4, 1995 
The New Carolina State Legislature 
State Legislative Building 
Raleigh, NC 27601-1096 

Dear Members: 

By direction of the Senate I am transmitting herewith a copy of Senate Joint 
Resolution No. 2 which was adopted by the California Legislature. 

Sincerely, 

S/RICK ROLLENS 

Secretary of the Senate 



Senate Joint Resolution No. 2 



Adopted in Senate July 29, 1995 



Secretary of the Senate 



Adopted in Assembly July 29, 1995 



Chief Clerk of the Assembly 



This resolution was received by the Secretary of State this day of 

1995, at _ o'clock M. 



Deputy Secretary of State 
SJR 2 - 2 - 

RESOLUTION CHAPTER 



Senate Joint Resolution No. 2 — Relative to air pollution. 

LEGISLATIVE COUNSEL'S DIGEST 
SJR 2, Russell. Air pollution: employer trip reduction plans. 
Existing federal law, the Clean Air Act, requires states in which an area with 
severe or extreme air pollution is located to submit to the Environmental 



1996] SENATE JOURNAL 25 

Protection Agency a state implementation plan revision requiring employers in 
those areas to implement programs to reduce work-related vehicle trips and miles 
traveled by employees, as specified. 

This measure would memorialize the Congress to amend the Clean Air Act to 
eliminate the provisions mandating an employer trip reduction program in those 
areas, and instead, allow states to pursue practical, cost-effective alternatives to 
solving their air quality problems. 

WHEREAS, Through the Clean Air Act and its amendments (42 U.S.C. Sec. 
7401 et seq.), the federal government has undertaken the laudable task of ridding 
the air we breathe of pollution; and 

WHEREAS, A balance must be struck between any steps taken to reduce air 
pollution and the adverse impact those steps may have upon the economy, the 
business climate, and the cost and size of government; and 

WHEREAS, Under the Clean Air Act Amendments of 1990 (P.L. 101-549), 
those states with areas that are classified as severe or extreme nonattainment areas 
are forced to adopt employee commute option and trip reduction laws; and 

WHEREAS, Pursuant to the Clean Air Act, programs are being conducted by 
California air districts to clean the state's air through the imposition of onerous, 
burdensome, and costly regulations that require 

-3- 
employers of companies having 100 or more employees to establish trip reduction 
plans; and 

WHEREAS, An example of the ineffectiveness and excessive cost of employer 
trip reduction plan regulations can be shown by the resultant failures of the South 
Coast Air Quality Management District's employer trip reduction plan require- 
ment, Rule 1501, previously known as Regulation 15; and 

WHEREAS, Since its implementation in 1988, Rule 1501 has contributed negli- 
gible benefits towards reducing or eliminating smog within the Los Angeles basin, 
while at the same time, this rule's compliance cost upon employers is estimated at 
anywhere between $136 million and $197 million annually, or roughly, $3,000 for 
every car not driven to work, for a total of approximately $1 billion that Los 
Angeles basin employers have been forced to spend to comply with this rule; and 

WHEREAS, The South Coast Air Quality Management District Governing 
Board realizes that Rule 1501 is ineffective, expensive, and has fallen far short of 
the average vehicle ridership goals sought by the district pursuant to the Clean Air 
Act; and 

WHEREAS, It is obvious that the costs and effects of mandated employer trip 
reduction plans, such as Rule 1501, can be devastating to companies trying to 
remain economically competitive, and these policies do not justify the economic 
and social hardships that will occur in nonattainment areas if employer trip reduc- 
tion mandates continue as part of the Clean Air Act; and 

WHEREAS, Despite the fact that other avenues may be available to pursue the 
goals of the Clean Air Act without having to resort to mandated employer trip 
reduction plans, these alternatives cannot be legally pursued by states in lieu of 
existing employer trip reduction plan mandates unless Congress amends the Clean 
Air Act to reflect this intent; now, therefore, be it 

Resolved by the Senate and Assembly of the State of California, jointly, That the 
Legislature of the State of California respectfully memorializes the Congress of the 
United States to enact an amendment to the Clean Air 

-4- 
Act that will eliminate the provisions mandating an employer trip reduction pro- 
gram in extreme and severe nonattainment areas and, instead, allow states to 



26 SENATE JOURNAL [Extra Session 

pursue practical and cost-effective alternatives towards solving their air quality 
problems; and be it further 

Resolved, That the Secretary of the Senate transmit copies of this resolution to 
the President and Vice President of the United States, to the Speaker of the House 
of Representatives, to the Majority Leader of the Senate, to each Senator and 
Representative from California in the Congress of the United States, and to the 
Legislature of each of the other states. 

Attest: 



Secretary of State 



STANDING COMMITTEES 

The chairmen, vice-chairmen, ranking minority members, and members as 
appointed to the standing committees for the First Regular Session of the 1995 
General Assembly were announced as appointed to the standing committees for 
the 1996 Extra Session. For a complete listing, see page 1563 of the Senate 
Journal, First Session 1995. 



1996] 



SENATE JOURNAL 
SENATE STAFF 



27 



OFFICE OF THE PRESIDENT 

Lieutenant Governor 

Chief of Staff 

Director of Communications 

Special Assistants 

Boards and Commissions 
Constituent Affairs 
Legislative and Policy Advisor 

Administrative Assistants 

Executive Secretary 
Scheduler 
OFFICE OF THE PRESIDENT PRO TEMPORE 

President Pro Tempore 

General Counsel/Liaison 

Communications Director 

Executive Assistant 

Special Assistant for 
Citizen Affairs 

Administrative Assistant 

Receptionist 



Dennis A. Wicker 
Kaye Gattis 
Robert D. Phillips 

Shirley Fowler 
Maggie Pollock 
Davis Bradshaw 

Greta L. Rogers 
Kathryn Wilson 

Camille Vaughan 

Rhonda Currier 



Marc Basnight 
Norma Ware 
Bret Kinsella 
Angela Talton 

Andrea Gardner 
Anita Stephenson 
Sandy Tingle 



OFFICE OF THE DEPUTY PRESIDENT PRO TEMPORE 



Deputy President Pro Tempore 
Administrative Assistant 
OFFICE OF THE PRINCIPAL CLERK 

Principal Clerk 
Administrative Clerks 

Calendar Clerk 
Assistant Calendar Clerk 
Journal Clerk 
Assistant Journal Clerks 



R. C. Soles, Jr. 
Janet Puryear 

Sylvia Morris Fink 

June Simpkins Bennett 
Mona R. Fitzgerald 

Linda Stephenson 

Doris H. Gilbert 

Lisa L. Thompson 

Beverly H. Allen 
Betty Morris Bridger 
Bryan Pruitt 
Brian F. Williams 



READING CLERK 



LeRoy Clark, Jr. 



28 



SENATE JOURNAL 



[Extra Session 



OFFICE OF THE SERGEANT-AT-ARMS 

Sergeant-at-Arms 

Deputy Sergeant-at-Arms 

Secretary 

Assistants 

Collis Brown 
Fallis O. Finch, Jr. 
Jimmy Hight 
Archie McMillan 
Jack Mueller 

CHAPLAIN 

SECRETARIES/COMMITTEE CLERKS 



Cecil Goins 
Royster Baker 
Martha Dunn 



Bonnie Mullen 
Mary Perry 
Hubert Poole 
Phil Riley 
Leslie Wright 

Mike Morris 



SUPERVISOR 




Janet Pruitt 


Name 


Senator 


Clerk of Committee 


Avent, Irma 


Jordan 


Local Government and Regional 
Affairs 


Bagley, Jane (Dee) 


Smith 




Birdsong, Julia 


Albertson 


Agriculture/Environment/ 
Natural Resources 


Bowles, Gerry 


Foxx 




Britt, Judy 


Sherron 


Finance 


Caldwell, Wilma 


Warren 


Appropriations on General 
Government 


Canady, Anne 


Perdue 


Appropriations 


Carpenter, Helen 


Carpenter 




Carter, Lucille 


Horton 




Costello, Evelyn 


Rand 


Rules and Operation of the Senate 


David-Yerumo, Bernie 


Lucas 


Children and Human Resources 


Drew, Frances 


Speed 


Transportation 


Dunnigan, Soraya 


Edwards 


Ways and Means 


Gooden, Carolyn 


Martin of Pitt 


Appropriations on Natural and 






Economic Resources 


Halifax, Peggy 


Ledbetter 




Hartsell, Evelyn 


Kerr 


Finance 


Hodge, Dee 


Dannelly 




Hogan, Peggy Anne 


Ballantine 




Holbrook, Dot 




Office of Supervisor 


Holt, Gerald 


Winner 


Appropriations on 

Education/Higher Education; and 
Education/Higher Education 


Johnson, Gerry 


Hartsell 




Jordan, Martha 


Simpson 




Kay, Wanda 


Martin of Guilford 


Appropriations on 
Human Resources 


King, Margaret 


Allran 


Minority Whip 


Lefort, Terry 


Blackmon 





1996] 



SENATE JOURNAL 



29 



Name 



Senator 



Clerk of Committee 



LeGrande, Beth 


Plexico 


Mahaffey, Margaret 


Sawyer 


Misner, Pat 


Plyler 


Moore, Susan 


Cooper 


Porter, Phyllis 


Kincaid 


Pulley, Nancy 


East 


Puryear, Janet 


Soles 


Resar, Carol 


Gulley 


Shaw, Linda 


Shaw 


Smith, Suzanne 


Clark 


Stoddard, Betty 


Little 


Taylor, Mary Lee 


Cochrane 


Thompson, Lucille 


Conder 


Walker, Carole 


Davis 


Waugaman, Dorothy 


Odom 


Williams, Penny 


Hoyle 



Appropriations on 

Education/Higher Education; and 
Education/Higher Education 

Appropriations 
Judiciary I/Constitution 



Deputy President Pro Tempore; and 
Pensions and Retirement/ 
Insurance/State Personnel 

Judiciary II/Election Laws 



Minority Leader 

Majority Leader; and 

Pensions and Retirement/ 
Insurance/State Personnel 

Base Budget 

Appropriations on Department of 
Transportation 






30 SENATE JOURNAL [Extra Session 

SENATE NUMERICAL INDEX 

Bill/Resolution Page Nos. 

S 1 Rules - Extra Session (adopted) 7, 16. 

S 2 Reduce Unemployment Taxes (Ch. 1) 9, 11, 12, 16. 



HOUSE NUMERICAL INDEX 

Bill/Resolution Page Nos. 

H 3 Adjournment Sine Die (Res. 1) 12. 



RATIFIED BILL— SESSION LAW 

Chapter Bill No. Page 

1 S 2 12, 16. 

RATIFIED JOINT RESOLUTION 

Resolution Resolution No. Page 

1 H 3 12. 



ADOPTED SENATE RESOLUTION 

Simple 

Resolution Adopted Page 

S 1 2/21/96 8. 






1996] SENATE JOURNAL 31 

ALPHABETICAL INDEX 



The identical bill number, when applicable, and the final action taken on a measure 
are noted following the title. When ratified, the Chapter Number of the Session Laws is 
reflected. 



ABSENCE— None 
ADDENDUM 

Editor's Notes 15. 

Reports to General Assembly 10, 15. 

ADJOURNMENT 
Sine Die 

Declared by President 13. 

H 3 (Res. 1) 12. 

ALAMANCE COUNTY— District 21— Senator Hugh Webster 
ALBERTSON, Charles W.— Senator Duplin, Jones (part), Onslow (part), 

Pender (part), Sampson (part) — 5th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

ALEXANDER COUNTY— District 27— Senator Donald R. Kincaid 

— Senator Dan R. Simpson 
ALLEGHANY COUNTY— District 12— Senator Don W East 

— Senator Virginia Foxx 
ALLRAN, Austin M. — Senator Catawba, Lincoln (part) 

Minority Whip — 26th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

ANSON COUNTY— District 17— Senator J. Richard Conder 

— Senator Aaron W Plyler 

APPENDIX 16. 

Districts, Senatorial 3, 16. 

Executive Orders 10, 21. 

Resolution, California 11, 24. 

Resolution, Senate Simple 8, 16. 

Staff, Senate 27. 

Text/Senate Bill 2 12, 16. 

APPOINTMENTS 

President Pro Tempore of the Senate 

Committees, Standing 8. 

ASHE COUNTY— District 12— Senator Don W East 

— Senator Virginia Foxx 
AVERY COUNTY— District 27— Senator Donald R. Kincaid 

— Senator Dan R. Simpson 



32 SENATE JOURNAL [Extra Session 

-B- 

BALLANCE, JR., Frank W.— Senator Bertie (part), Gates, 

Majority Whip Halifax (part), Hertford, Northampton, 

Vance (part), Warren — 2nd District 

Committee Assignments 8. 

Co-Sponsor — Senate Bill 2 9. 

Presence Recorded 7. 

BALLANTINE, Patrick J.— Senator Carteret (part), New Hanover (part), 

Onslow (part), Pender (part) — 4th District 

Committee Assignments 8. 

Co-Sponsor None. 

Presence Recorded 7. 

BASNIGHT, Marc— Senator Beaufort (part), Bertie (part), 

President Pro Tempore Camden, Chowan, Currituck, Dare, Hyde, 

Pasquotank, Perquimans, Tyrrell, 
Washington (part) — 1st District 

Adjournment Motion 13. 

Appoints Committees 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

Recess Motion 9. 

BEAUFORT COUNTY— District 1— Senator Marc Basnight 
— District 9 — Senator Ed N. Warren 
BERTIE COUNTY— District 1— Senator Marc Basnight 

— District 2 — Senator Frank W Ballance, Jr. 
BILL INTRODUCTION/RULE— see Rules 
BLACKMON, John Gerald— Senator Mecklenburg (part)— 35th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

BLADEN COUNTY— District 18— Senator R. C. Soles, Jr. 

—District 30— Senator David R. Parnell 
BRUNSWICK COUNTY— District 18— Senator R. C. Soles, Jr. 
BUNCOMBE COUNTY— District 28— Senator R L Clark 

— Senator Jesse I. Ledbetter 
— District 42 — Senator Robert C. Carpenter 
BURKE COUNTY— District 27— Senator Donald R. Kincaid 

— Senator Dan R. Simpson 
—District 28— Senator R L Clark 

— Senator Jesse I. Ledbetter 



C- 



CABARRUS COUNTY— District 22— Senator Fletcher L. Hartsell, Jr. 
CALDWELL COUNTY— District 27— Senator Donald R. Kincaid 

— Senator Dan R. Simpson 
CAMDEN COUNTY— District 1— Senator Marc Basnight 



1996] SENATE JOURNAL 33 

CARPENTER, Robert C— Senator Buncombe (part), Cherokee, Clay, Graham, 

Haywood (part), Henderson (part), 

Jackson (part), Macon (part), Polk, 

Transylvania (part) — 42nd District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

CARTERET COUNTY— District 3— Senator Beverly M. Perdue 

— District 4 — Senator Patrick J. Ballantine 
CARRINGTON, John H.— Senator Wake (part)— 36th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

CASWELL COUNTY— District 21— Senator Hugh Webster 
CATAWBA COUNTY— District 26— Senator Austin M. Allran 
CHATHAM COUNTY— District 16— Senator Fred M. Hobbs 

— Senator Teena S. Little 
CHAPLAIN— see Prayer 

CHEROKEE COUNTY— District 42— Senator Robert C. Carpenter 
CHOWAN COUNTY— District 1— Senator Marc Basnight 

CLARK, R L — Senator Buncombe (part), Burke (part), Madison, 

McDowell, Yancey — 28th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

CLARK, JR., LeRoy— Reading Clerk 3, 27. 

CLAY COUNTY— District 42— Senator Robert C. Carpenter 
CLEVELAND COUNTY— District 25— Senator David W. Hoyle 
— District 37 — Senator Dennis H. Davis 
COCHRANE, Betsy L.— Senator Davidson (part), Davie, 

Minority Leader Forsyth (part), Rowan (part) — 38th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

COLUMBUS COUNTY— District 18— Senator R. C. Soles, Jr. 
COMMITTEES 

Appointment/Standing Committees 8, 26. 

Finance Committee 

Meeting 9. 

Report 11. 

CONDER, J. Richard — Senator Anson, Hoke (part), Montgomery, 

Majority Leader Richmond, Scotland, Stanly (part), 

Union — 17th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

CONSTITUTION, NORTH CAROLINA 

Article III, Sec. 5(7) 6. 

CONVENE 5. 



34 SENATE JOURNAL [Extra Session 

COOPER in, Roy A.— Senator Edgecombe (part), Halifax (part), Nash, 

Wilson (part)— 10th District 

Committee Assignments 8. 

Co-Sponsor — Senate Bill 2 9. 

Presence Recorded 7. 

CRAVEN COUNTY— District 3— Senator Beverly M. Perdue 
CUMBERLAND COUNTY— District 24— Senator Anthony E. Rand 
—District 30— Senator David R. Parnell 
—District 41— Senator C. R. Edwards 
CURRITUCK COUNTY— District 1— Senator Marc Basnight 



D- 



DANNELLY, Charlie Smith— Senator Mecklenburg (part)— 33rd District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

DARE COUNTY— District 1— Senator Marc Basnight 
DAVIDSON COUNTY— District 19— Senator Robert G. Shaw 
—District 23— Senator Paul S. Smith 
— District 38 — Senator Betsy L. Cochrane 
DAVIE COUNTY— District 38— Senator Betsy L. Cochrane 
DAVIS, Dennis H.— Senator Cleveland (part), Rutherford— 37th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

DEPUTY PRESIDENT PRO TEMPORE— see Soles, Jr., R. C— Senator 

DISTRICTS, SENATE 3, 16. 

DUPLIN COUNTY— District 5— Senator Charles W. Albertson 
DURHAM COUNTY— District 13— Senator Jeanne Hopkins Lucas 

—Senator Wib Gulley 



-E- 



EAST, Don W.— Senator Alleghany, Ashe, Guilford (part), Rockingham, 

Stokes, Surry, Watauga— 12th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

EDGECOMBE COUNTY— District 6— Senator R. L Martin 

— District 10 — Senator Roy A. Cooper III 
EDWARDS, C. R.— Senator Cumberland (part)— ^41st District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 



1996] SENATE JOURNAL 35 

EMPLOYMENT SECURITY [G.S. 96] 

Employer Contribution Rate 1.2% 

S 2 [Sec. l](Ch. 1) 9, 11, 12, 16. 

Unemployment Insurance Zero Tax Rate 

S 2 [Sec. 4](Ch. 1) 9, 11, 12, 19. 

Unemployment Trust Fund 6. 

ENROLLING CLERK 9, 12. 

EXCUSED ABSENCE None. 

EXCUSED VOTES None. 

EXECUTIVE ORDERS [G.S. 147-16.1] 

Number 83 10, 21. 

Number 84 10, 21. 

Number 85 10, 21. 

Number 86 10, 22. 

Number 87 10, 22. 

Number 88 10, 22. 

Number 89 10, 22. 

Number 90 10, 22. 

Number 91 10, 23. 

Number 92 10, 23. 

Number 93 10, 23. 

EXPERIENCE TAX RATING— see Taxation 

-F- 



FINK, Sylvia Morris— Principal Clerk 3, 13, 15, 27. 

FORRESTER, James— Senator Gaston (part), Iredell (part), 

Lincoln (part)— 39th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

FORSYTH COUNTY— District 20— Senator Hamilton C. Horton, Jr. 

— Senator James Mark McDaniel 
— District 38 — Senator Betsy L. Cochrane 
FOXX, Virginia — Senator Alleghany, Ashe, Guilford (part), Rockingham, 

Stokes, Surry, Watauga— 12th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

FRANKLIN COUNTY— District 11— Senator James D. Speed 






-G- 

GASTON COUNTY— District 25— Senator David W. Hoyle 
— District 39 — Senator James Forrester 
GATES COUNTY— District 2— Senator Frank W. Ballance, Jr. 






36 SENATE JOURNAL [Extra Session 

GENERAL ASSEMBLY [G.S. 120] 
Convene — see that heading 
Districts — see that heading 
House of Representatives — see that heading 
Lieutenant Governor — see President of Senate 
Reports — see that heading 
Senate — see that heading 

Staff 9, 27. 

GOINS, Cecil— Sergeant-at-Arms 3, 28. 

GOVERNOR— Honorable James B. Hunt, Jr. 
Lieutenant Governor — see that heading 

Proclamation Issued 5. 

GRAHAM COUNTY— District 42— Senator Robert C. Carpenter 
GRANVILLE COUNTY— District 13— Senator Wib Gulley 

— Senator Jeanne Hopkins Lucas 
GREENE COUNTY— District 8— Senator John Kerr 
GUILFORD COUNTY— District 12— Senator Don W. East 

— Senator Virginia Foxx 
—District 19— Senator Robert G. Shaw 
— District 31 — Senator William N. Martin 
— District 32 — Senator Thomas B. Sawyer, Sr. 
GULLEY, Wib — Senator Durham, Granville, Person (part), 

Wake (part)— 13th District 

Committee Assignments 8. 

Co-Sponsor — 

Senate Resolution 1 7. 

Senate Bill 2 9. 

Presence Recorded 7. 



-H- 



HALIFAX COUNTY— District 2— Senator Frank W Ballance, Jr. 

— District 10 — Senator Roy A. Cooper III 
HARNETT COUNTY— District 15— Senator Daniel E. Page 
HARRIS, J. OUie 

Memorialized in Prayer/Former Senator 5. 

HARTSELL, JR., Fletcher L.— Senator Cabarrus, Rowan (part), 

Stanly (part)— 22nd District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

HAYWOOD COUNTY— District 29— Senator J. Clark Plexico 

— District 42 — Senator Robert C. Carpenter 
HENDERSON COUNTY— District 29— Senator J. Clark Plexico 

— District 42 — Senator Robert C. Carpenter 
HERTFORD COUNTY— District 2— Senator Frank W Ballance, Jr. 



1996] SENATE JOURNAL 37 

HOBBS, Fred M. — Senator Chatham, Lee (part), Moore, Orange, 

Randolph (part)— 16th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

HOKE COUNTY— District 17— Senator Richard Conder 

— Senator Aaron Plyler 
—District 30— Senator David R. Parnell 
HORTON, JR., Hamilton C— Senator Forsyth (part)— 20th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

HOUSE OF REPRESENTATIVES 

Adjourn, Sine Die 13. 

Business Concluded 12. 

Organized 9. 

HOYLE, David W.— Senator Cleveland (part), Gaston (part), 

Lincoln (part) — 25th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

HUNT, JR., James B.— see Governor 

HYDE COUNTY— District 1— Senator Marc Basnight 

-I- 

INSURANCE [G.S. 58] 

Unemployment — see Employment Security; Taxation 

IREDELL COUNTY— District 23— Senator Paul S. Smith 

— District 39 — Senator James Forrester 



-J- 






JACKSON COUNTY— District 29— Senator J. Clark Plexico 

— District 42 — Senator Robert C. Carpenter 
JOHNSTON COUNTY— District 11— Senator James D. Speed 

— District 14 — Senator Henry Edward McKoy 

— Senator J. K. Sherron, Jr. 
— District 15 — Senator Daniel E. Page 
JOINT RESOLUTIONS— see Resolutions, Joint 
JONES COUNTY— District 5— Senator Charles W. Albertson 

— District 7 — Senator Luther Henry Jordan, Jr. 
JORDAN, JR., Luther Henry — Senator Jones (part), Lenoir (part), 

New Hanover (part), Onslow (part), 
Pender (part)— 7th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 



38 SENATE JOURNAL [Extra Session 

-K- 



KERR III, John H.— Senator Greene, Lenoir (part), Wayne— 8th District 

Committee Assignments 8. 

Primary Sponsor — Senate Bill 2 9. 

Presence Recorded 7. 

KINCAID, Donald R— Senator Alexander, Avery, Burke (part), Caldwell, 

Mitchell, Wilkes, Yadkin— 27th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 



-L- 



LEDBETTER, Jesse I. —Senator Buncombe (part), Burke (part), Madison, 

McDowell, Yancey — 28th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

LEE COUNTY— District 15— Senator Daniel E. Page 
—District 16— Senator Fred M. Hobbs 
— Senator Teena S. Little 
LEGISLATIVE 

House of Represenatives — see that heading 
Research Commission Studies — see Studies (LRC) 
Senate — see that heading 
LENOIR COUNTY— District 7— Senator Luther Henry Jordan, Jr. 
—District 8— Senator John H. Kerr III 
—District 9— Senator Ed N. Warren 
LIEUTENANT GOVERNOR— Honorable Dennis A. Wicker 

President of the Senate — see that heading 
LINCOLN COUNTY— District 25— Senator David W Hoyle 
— District 26 — Senator Austin M. Allran 
—District 34 — Senator XL. "Fountain" Odom 
— District 39 — Senator James Forrester 
LITTLE, Teena S.— Senator Chatham, Lee (part), Moore, Orange, 

Randolph (part)— 16th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

LRC (Legislative Research Commission) — see Studies 

LUCAS, Jeanne Hopkins — Senator Durham, Granville, Person (part), 

Wake (part)— 13th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 



1996] SENATE JOURNAL 39 

-M- 

MACON COUNTY— District 29— Senator J. Clark Plexico 

— District 42 — Senator Robert C. Carpenter 
MADISON COUNTY— District 28— Senator R L Clark 

— Senator Jesse I. Ledbetter 
MAJORITY LEADER— see Conder, J. Richard— Senator 
MARTIN COUNTY— District 6— Senator R. L. Martin 
— District 9 — Senator Ed N. Warren 
MARTIN, R. L.— Senator Edgecombe (part), Martin (part), Pitt (part), 

Washington (part), Wilson (part)— 6th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

MARTIN, William N.— Senator Guilford (part)— 31st District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

McDANIEL, James Mark— Senator Forsyth (part)— 20th District 

Committee Assignments 8. 

Co-Sponsor — Senate Bill 2 9. 

Presence Recorded 7. 

McDOWELL COUNTY— District 28— Senator R L Clark 

— Senator Jesse I. Ledbetter 
McKOY, Henry Edward — Senator Johnston (part), Wake (part) — 14th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

MECKLENBURG COUNTY— District 33— Senator Charlie Smith Dannelly 

— District 34 — Senator T. L. "Fountain" Odom 
— District 35 — Senator John Gerald Blackmon 
— District 40 — Senator Leslie Winner 
MINORITY LEADER— see Cochrane, Betsy L.— Senator 
MITCHELL COUNTY— District 27— Senator Donald R. Kincaid 

— Senator Dan R. Simpson 
MONTGOMERY COUNTY— District 17— Senator J. Richard Conder 

— Senator Aaron W Plyler 
MOORE COUNTY— District 16— Senator Fred M. Hobbs 

— Senator Teena S. Little 

-N- 

NASH COUNTY— District 10— Senator Roy A. Cooper III 

NEW HANOVER COUNTY— District 4— Senator Patrick J. Ballantine 

— District 7 — Senator Luther Henry Jordan, Jr. 

—District 18— Senator R. C. Soles, Jr. 
NORTHAMPTON COUNTY— District 2— Senator Frank W Ballance, Jr. 



40 SENATE JOURNAL [Extra Session 

-O- 



ODOM, T. L. "Fountain"— Senator Lincoln (part), 

Mecklenburg (part) — 34th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

ONSLOW COUNTY— District 4— Senator Patrick J. Ballantine 
— District 5 — Senator Charles W. Albertson 
— District 7 — Senator Luther Henry Jordan, Jr. 
ORANGE COUNTY— District 16— Senator Fred M. Hobbs 

— Senator Teena S. Little 

-P- 



PAGE, Daniel E. — Senator Harnett, Johnston (part), Lee (part), 

Sampson (part) — 15th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

PAMLICO COUNTY— District 3— Senator Beverly M. Perdue 
PARNELL, David R.— Senator Bladen (part), Cumberland (part), Hoke (part), 

Robeson, Sampson (part) — 30th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

PASQUOTANK COUNTY— District 1— Senator Marc Basnight 
PENDER COUNTY— District 4— Senator Patrick J. Ballantine 
— District 5 — Senator Charles W. Albertson 
— District 7 — Senator Luther Henry Jordan, Jr. 
PERDUE, Beverly M.— Senator Carteret (part), Craven, Pamlico— 3rd District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

PERQUIMANS COUNTY— District 1— Senator Marc Basnight 
PERSON COUNTY— District 13— Senator Wib Gulley 

— Senator Jeanne Hopkins Lucas 
—District 21— Senator Hugh Webster 
PITT COUNTY— District 6— Senator R. L. Martin 
—District 9— Senator Ed N. Warren 

PLEDGE OF ALLEGIANCE 5. 

PLEXICO, J. Clark— Senator Haywood (part), Henderson (part), 

Jackson (part), Macon (part), Swain, 
Transylvania (part) — 29th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 



1996] SENATE JOURNAL 41 

PLYLER, Aaron W. — Senator Anson, Hoke (part), Montgomery, Richmond, 

Scotland, Stanly (part), Union — 17th District 

Committee Assignments 8. 

Co-Sponsor — 

Senate Bill 2 9. 

Senate Resolution 1 7. 

Presence Recorded 7. 

POLK COUNTY— District 42— Senator Robert C. Carpenter 
PRAYER OFFERED TO OPEN SESSION 

Morris, Reverend Mike (Senate Chaplain) 5. 

PRESIDENT OF THE SENATE (Lieutenant Governor) 

Allegiance, Leads Pledge 5. 

Journal Signature 13. 

Officer 3, 27. 

Presides 5, 9. 

Staff 27. 

PRESIDENT PRO TEMPORE OF THE SENATE— see Basnight, Marc— Senator 

PRINCIPAL CLERK 3, 13, 15, 27. 

PROCLAMATION BY GOVERNOR 6. 



-Q- 
QUORUM 7. 

-R- 

RAND, Anthony E.— Senator Cumberland (part)— 24th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

Primary Sponsor — Senate Resolution 1 7. 

RANDOLPH COUNTY— District 16— Senator Fred M. Hobbs 

— Senator Teena S. Little 
—District 19— Senator Robert G. Shaw 
RATE OF TAX— see Taxation 
RATIFIED BILLS 

Index 30. 

Text/Senate Bill 2 16. 

READING CLERK 3, 27. 

RECESS MOTION 9. 

REPORTS 

Finance Committee 11. 

Submitted to General Assembly 10, 15. 



42 SENATE JOURNAL [Extra Session 

RESOLUTION 

Joint 

Adjournment Sine Die 

H 3 (Res. 1) 12. 

California SJR 2 

Air Pollution/Business Trip Reduction 11, 16. 

Simple 

Permanent Rules 

S 1 (adopted) 7, 16. 

RICHMOND COUNTY— District 17— Senator J. Richard Conder 

— Senator Aaron W. Plyler 
ROBESON COUNTY— District 30— Senator David R. Parnell 
ROCKINGHAM COUNTY— District 12— Senator Don W. East 

— Senator Virginia Foxx 
ROWAN COUNTY— District 22— Senator Fletcher L. Hartsell, Jr. 
—District 23— Senator Paul S. Smith 
— District 38 — Senator Betsy L. Cochrane 
RULES 

Permanent Adopted 

S 1 (adopted) 7, 16 

Rule 40, 43— Bill Filing Rescinded 7 

Rule 40.1— Subject Eligibility Limited 7 

Rule 41 — Crossover Deadline Rescinded 8 

Rule 43 — First Reading; Reference to Committee 8 

Rule 43.1 — Second Reading Upon Report 8 

Rule 50 — Third Reading Consideration 8 

Rule 56.1 — Concurrence Consideration 8 

Rule 59 — Transmittal to House 8 

RUTHERFORD COUNTY— District 37— Senator Dennis H. Davis 



SAMPSON COUNTY— District 5— Senator Charles W. Albertson 
— District 15 — Senator Daniel E. Page 
—District 30— Senator David R. Parnell 
SAWYER, SR., Thomas B.— Senator Guilford (part)— 32nd District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

SCOTLAND COUNTY— District 17— Senator J. Richard Conder 

— Senator Aaron W. Plyler 
SENATE 

Adjournment — see that heading 

Bill to House of Representatives/Special Message 

S 2 (Ch. 1) 11. 

Business Concluded 12. 

Chaplain — see Prayer 
Committees — see that heading 



1996] SENATE JOURNAL 43 

SENATE (continued) 

Convene — see that heading 

Districts 3, 16. 

General Assembly — see that heading 

Membership 3. 

Officers 3. 

Organized 8. 

Prayer Offered — see that heading 

President — see President of the Senate; Lieutenant Governor 

President Pro Tempore — see Basnight, Marc — Senator 

Proclamation Convening 5. 

Resolutions — see that heading 

Rules — see that heading 

Staff 27. 

SERGEANT-AT-ARMS 3, 28. 

SHAW, Robert G. — Senator Davidson (part), Guilford (part), 

Randolph (part)— 19th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

SHERRON, JR., J. K.— Senator Johnston (part), Wake (part)— 14th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

SIMPSON, Dan R. — Senator Alexander, Avery, Burke (part), Caldwell, 

Mitchell, Wilkes, Yadkin— 27th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

SMITH, Paul S.— Senator Davidson (part), Iredell (part), 

Rowan (part) — 23rd District 

Adjournment Motion — Second 13. 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

SOLES, JR., R. C. — Senator Bladen (part), Brunswick, Columbus, 

Deputy President Pro Tempore New Hanover (part) — 18th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

SPEED, James D. — Senator Franklin, Johnston (part), Vance (part), 

Wilson (part)— 11th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

STAFF 9, 27. 

STANLY COUNTY— District 17— Senator J. Richard Conder 

— Senator Aaron W. Plyler 
— District 22 — Senator Fletcher L. Hartsell, Jr. 



44 SENATE JOURNAL [Extra Session 

STOKES COUNTY— District 12— Senator Don W. East 

— Senator Virginia Foxx 
STUDIES 

Employment Security Law Issues/LRC 

S 2 [Sec. 5](H 2)(Ch. 1) 9, 11, 12, 19. 

SURRY COUNTY— District 12— Senator Don W. East 

— Senator Virginia Foxx 
SWAIN COUNTY— District 29— Senator J. Clark Plexico 



-T 



TAXATION [G.S. 105] 
Unemployment Insurance 
Rate 1.2%/New Employer 

S 2 [Sec. 1](H 2)(Ch. 1) 9, 11, 12, 16. 

Zero Tax Rate/1996 

S 2 [Sec. 4](H 2)(Ch. 1) 9, 11, 12, 19. 

TRANSYLVANIA COUNTY— District 29— Senator Clark Plexico 

— District 42 — Senator Robert C. Carpenter 
TYRRELL COUNTY— District 1— Senator Marc Basnight 



-U 



UNEMPLOYMENT— see Employment Security; Taxation 
UNION COUNTY— District 17— Senator J. Richard Conder 

— Senator Aaron W. Plyler 



-V 



VANCE COUNTY— District 2— Senator Frank W. Ballance, Jr. 

— District 11 — Senator James D. Speed 
VOTING 

Excused None. 

Tied None. 



-W 



WAKE COUNTY— District 13— Senator Jeanne Hopkins Lucas 

—Senator Wib Gulley 
— District 14 — Senator Henry Edward McKoy 

— Senator J. K. Sherron, Jr. 
— District 36 — Senator John H. Carrington 
WARREN COUNTY— District 2— Senator Frank W. Ballance, Jr. 



1996] SENATE JOURNAL 45 

WARREN, Ed N.— Senator Beaufort (part), Lenoir (part), Martin (part), 

Pitt (part)— 9th District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

WASHINGTON COUNTY— District 1— Senator Marc Basnight 

— District 6 — Senator R. L. Martin 
WATAUGA COUNTY— District 12— Senator Don W. East 

— Senator Virginia Foxx 
WAYNE COUNTY— District 8— Senator John H. Kerr III 
WEBSTER, Hugh— Senator Alamance, Caswell, Person (part)— 21st District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 

WICKER, Dennis A. — see Lieutenant Governor 

WILKES COUNTY— District 27— Senator Donald R. Kincaid 

— Senator Dan R. Simpson 
WILSON COUNTY— District 6— Senator R. L. Martin 

— District 10 — Senator Roy A. Cooper III 
— District 11 — Senator James D. Speed 
WINNER, Leslie— Senator Mecklenburg (part)^Oth District 

Committee Assignments 8. 

Co-Sponsor— Senate Bill 2 9. 

Presence Recorded 7. 



-Y- 

YADKIN COUNTY— District 27— Senator Donald R. Kincaid 

— Senator Dan R. Simpson 

YANCEY COUNTY— District 28— Senator R L Clark 

— Senator Jesse I. Ledbetter 



-Z- 
ZERO TAX RATE— see Taxation 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



SECOND SESSION 



1996 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

GENERAL ASSEMBLY 
SECOND SESSION 1996 

DENNIS A. WICKER, President Sanford 

MARC BASNIGHT, President Pro Tempore Manteo 

R. C. SOLES, JR., Deputy President Pro Tempore Tabor City 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

CECIL GOINS, Sergeant-at-Arms Raleigh 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W BALLANCE, JR Warrenton 

3 BEVERLY M. PERDUE New Bern 

4 PATRICK J. BALLANTINE Wilmington 

5 CHARLES W. ALBERTSON Beulaville 

6 R. L. MARTIN Bethel 

7 LUTHER HENRY JORDAN, JR Wilmington 

8 JOHN KERR Goldsboro 

9 ED N. WARREN Greenville 

10 ROY A. COOPER III Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 DON W EAST Pilot Mountain 

VIRGINIA FOXX Banner Elk 

13 WILBUR P. GULLEY Durham 

JEANNE H. LUCAS Durham 

14 HENRY E. McKOY Raleigh 

J. K. SHERRON, JR Raleigh 

15 DANIEL E. PAGE Coats 

16 FRED M. HOBBS Southern Pines 

TEENA S. LITTLE Southern Pines 

17 J. RICHARD CONDER Rockingham 

AARON W PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 HAMILTON C. HORTON Winston-Salem 

JAMES MARK McDANIEL Pfafftown 

21 HUGH WEBSTER Yanceyville 

22 FLETCHER L. HARTSELL, JR Concord 

23 PAUL S. SMITH Salisbury 

24 ANTHONY E. RAND Fayetteville 

25 DAVID HOYLE Dallas 

26 AUSTIN M. ALLRAN Hickory 

27 DONALD R. KINCAID Lenoir 

DAN R. SIMPSON Morganton 

28 R L CLARK Asheville 

JESSE I. LEDBETTER Asheville 

29 CLARK PLEXICO Hendersonville 

30 DAVID R. PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 * THOMAS B. SAWYER, SR Greensboro 

** JOHN M. BLUST Greensboro 

33 CHARLIE SMITH DANNELLY Charlotte 

34 T L. ODOM Charlotte 

35 JOHN GERALD BLACKMON Charlotte 

36 JOHN H. CARRINGTON Raleigh 

37 DENNIS DAVIS Lattimore 

38 BETSY L. COCHRANE Advance 

39 JAMES FORRESTER Stanley 

40 LESLIE WINNER Charlotte 

41 C. R. EDWARDS Fayetteville 

42 ROBERT C. CARPENTER Franklin 

(See Appendix for Senatorial Districts) 
*Died March 19, 1996 
** Appointed May 9, 1996 



SENATE JOURNAL 

SECOND SESSION 1996 

ONE HUNDRED TENTH DAY 

Senate Chamber 
Monday, May 13, 1996. 






The Senate meets at 12:00 Noon pursuant to adjournment as provided by 
Resolution 15, and is called to order by the Honorable Dennis A. Wicker, 
Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, as this Legislative Session convenes today, remind us that the 
greatest law ever written says that we are to love You with all of our hearts, minds, 
and souls — and our neighbors as ourselves. 

"May that be the pervasive spirit that guides and informs the men, women, and 
staff of the Senate. 

"Though written on paper with words and assigned a number, the bills that 
become law in this Chamber will be anything but inanimate documents. They will 
become as alive as their writers and representative of them. So may each piece of 
legislation possess a heart that responds to those in urgent, present need; a strong 
vision to understand its impact on our futures and the Godly wisdom of the soul 
that discerns the delicate balance between the two. 

"Heart, mind, and soul — may we see the very best of these in the men and 
women called to serve here. For Your sake we pray, Amen." 

Led by the Lieutenant Governor, members and guests remain standing and 
pledge allegiance to the United States of America. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Hoyle and Senator Jordan. 

Senator Basnight, President Pro Tempore, announces the Journal of Saturday, 
July 29, 1995, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Jack Page of 
Durham, who is serving the Senate as Doctor of the Day. 



May 13, 1996 



6 SENATE JOURNAL [Second Session 

APPOINTMENT TO FILL UNEXPIRED TERM 

The President lays before the Senate the Proclamation issued by Governor 
James B. Hunt, Jr., on May 9, 1996, appointing John Marshall Blust to fill the 
vacancy created by the death of Senator Thomas B. Sawyer, Sr., as follows: 



STATE OF NORTH CAROLINA 



James B. Hunt, Jr. 

Governor 



THE APPOINTMENT OF JOHN MARSHALL BLUST 

1996 

BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA 

A PROCLAMATION 

WHEREAS, the Honorable Thomas B. Sawyer, Sr., elected Senator from the 
Thirty-Second District 1995 General Assembly, has died in office; and 

WHEREAS, the provisions of General Statutes 163-11 require that the vacancy 
created by the death of the Honorable Thomas B. Sawyer, Sr., be filled by 
appointment of the person recommended by the Thirty-Second Senatorial District 
Executive Committee of the Republican Party; and 

WHEREAS, the Thirty-Second Senatorial District Executive Committee of the 
Republican Party has notified me of its recommendation of John Marshall Blust of 
Greensboro, North Carolina, to fill said vacancy, 

I do by these presents appoint 
JOHN MARSHALL BLUST 

as a member of the 

NORTH CAROLINA SENATE 

1995 General Assembly 

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the 
Great Seal of the State at the Capitol in the City of Raleigh, this 9th day of May 
in the year of our Lord, One Thousand Nine Hundred Ninety-Six. 

S/James B. Hunt, Jr. 
Governor of North Carolina 

S/Janice H. Faulkner 
(SEAL) Secretary of State 

The Chair recognizes the Sergeant-at-Arms, Cecil Goins, who announces the 
presence of John Marshall Blust in the Chamber who awaits the direction of the 
Chair. 

The Chair recognizes Senator Basnight, President Pro Tempore, who appoints a 
committee of Senator Soles, Senator Conder, Senator Cochrane, Senator Martin of 



May 13, 1996 



1996] SENATE JOURNAL 7 

Guilford, Senator Foxx, Senator East, and Senator Shaw to escort John Marshall 
Blust to the Well of the Senate. 

Senator Shaw administers the oath of office to John Marshall Blust to which he 
responds and subscribes, as follows: 

OATH OF SENATOR JOHN MARSHALL BLUST 

I, John Marshall Blust, solemnly swear that I will support the Constitution and 
laws of the United States; so help me, God. 

I solemnly and sincerely swear that I will be faithful and bear true allegiance to 
the State of North Carolina, and to the Constitutional powers and authorities 
which are or may be established for the government thereof; and I will endeavor 
to support, maintain, and defend the Constitution and laws of said State, not 
inconsistent with the Constitution of the United States, to the best of my knowl- 
edge and ability. 

I solemnly and sincerely swear that I will faithfully discharge my duties as a 
Member of the Senate representing the 32nd Senatorial District of the 1995 
General Assembly of the State of North Carolina to the best of my skill and 
ability; so help me, God. 

The Chair recognizes Senator Basnight, President Pro Tempore, who congratu- 
lates and announces the assignment of Seat No. 50 to Senator Blust. 

APPOINTMENT OF COMMITTEES 

Senator Basnight, President Pro Tempore, appoints Senator Blust to the following 
Standing Committees: 

Children and Human Resources, 

Finance, 

Judiciary H/Election Laws, 

Ways and Means. 

The President directs the named Senators to escort Senator Blust to Seat No. 50, 
which he assumes with full privileges as a Senator of the General Assembly of 
North Carolina. The President of the Senate extends congratulations. 

The Chair recognizes Senator Blust, who briefly addresses the membership. 

The Chair extends courtesies of the gallery to the mother of Senator Blust, Mrs. 
Barbara Blust, and his brother, David Blust. 

The Senate recesses at 12:13 P.M. for the purpose of congratulating Senator 
Blust to reconvene at 12:25 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 



May 13, 1996 



8 SENATE JOURNAL [Second Session 

The Chair extends courtesies of the floor to Larry Cobb, former Senator from 
Mecklenburg County. 

Senator Foxx rises to a point of personal privilege and offers comments on the 
One Hundredth Anniversary of Spray Cotton Mills. With unanimous consent, 
upon motion of Senator Foxx, her remarks are spread upon the Journal as follows: 

"Senators, I would like you to know that on Wednesday of this week Spray 
Cotton Mills is going to be celebrating its One Hundredth Anniversary. And I 
would like to tell you a little bit about this important industry in Rockingham 
County and ask that this be made a part of the record so that I may present it to 
them. 

"Spray Cotton Mills, incorporated in 1896, is the oldest continuously operating 
textile mill in Rockingham County and one of the oldest in North Carolina. Since 
the early Nineteenth Century textiles have been important to the County's econ- 
omy, first as a home based-cottage industry and then with the advent of factories 
becoming the dominant employer in the County as well as the State. Today, 
American textile manufacturing, which brought the industrial revolution to this 
country, is just over two hundred years old and Spray Cotton Mills, which has been 
a participant in half of this history, is a significant source for the study of the 
industrial history of the State. 

"At present Spray Cotton Mills not only reflects the history of the American 
textile industry and the industrial revolution, but it also stands for what is best 
about American capitalism — integrity, creative entrepreneurship, visionary leader- 
ship, efficient but fair management, and company loyalty and pride. Throughout 
the industry, "Spray-Spun" has become synonymous with high quality products and 
customer satisfaction. Born in the "New South" era of Southern industrial 
development, Spray Cotton Mills in its centennial year is a model for American 
corporations nationwide. Thank you." 

EXECUTIVE ORDERS 

Executive Orders received in the Office of the Senate Principal Clerk following 
adjournment sine die of the Extra Session of the 1995 General Assembly are 
presented to the Senate (see Appendix), read and referred to committee, as follows: 

Executive Order Number 94, North Carolina Alliance for Competitive 
Technologies (NC ACTs). 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 95, Council on Health Policy Information. 
Referred to Rules and Operation of the Senate Committee. 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (see Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to H.B. 229 (Ch. 324), Section 26.1 of the 1995 Session Laws, the 
North Carolina Department of Environment, Health and Natural Resources 
submits the Report of Inactive Hazardous Sites Cleanup Fund Cost Contribution 
for Voluntary Remedial Actions 1995-1996 Fiscal Year. 



May 13, 1996 



1996] SENATE JOURNAL 9 

Pursuant to Chapter 333 of the 1995 Session Laws, the Supreme Court of North 
Carolina submits its report on a Case Flow Management Plan. 



Pursuant to Chapter 507, Section 21.2 of the 1995 Session Laws, the North 
Carolina Sentencing and Policy Advisory Commission submits its report on Recidi- 
vism of Offenders Assigned to Community Corrections Programs or Released from 
Prison in North Carolina: Fiscal Year 1992-93. 

Pursuant to Chapter 507, Section 8.5(d) of the 1995 Session Laws, the Joint 
Legislative Study Commission on Job Training Programs submits its Report to the 
1995 General Assembly of North Carolina, 1996 Regular Session. 

The President recognizes the following pages serving in the Senate this week: 

Dare Davenport Branch, Wendell; Benjamin Buchanan, Charlotte; Cameron 
Buchanan, Charlotte; Justin Buff, Monroe; Nathan Blair Clark, Clyde; Ryan 
Hardin Dunaway, Gastonia; Adam Lee Forbes, Gastonia; Laura P. Hine, 
Goldsboro; Anna Bradsher Honeycutt, Raleigh; Hassan T. Kingsberry, Warrenton; 
Meredith Lassiter, Salisbury; Jordan Thomas Liggitt, Leasburg; Craig W. McCall, 
Wilkesboro; Benjamin Phillips, Leasburg; Marshall Leroy Powell III, Camden; 
LaTonya Rascoe, Raleigh; Charles Vaughan Robinson, Elizabeth City; Christopher 
Rouse, Pantego; Amber Saunders, Bessemer City; Courtney Renee Smith, 
Garner; Carey K.J. Sveen, Franklin; Jeffrey Ray Tyndall, Erwin; and Jonathan 
David Wilson, Leasburg. 

On motion of Senator Basnight, seconded by Senator Blust, the Senate adjourns 
at 12:41 P.M. to meet tomorrow, Tuesday, May 14, at 1:30 P.M. 



ONE HUNDRED ELEVENTH DAY 

Senate Chamber 
Tuesday, May 14, 1996. 



The Senate meets pursuant to adjournment and is called to order by the Honor- 
able Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our Loving God, We thank You for good health, supportive families, good 
friends, and all the things we so often take for granted. We thank You for the 
challenges of this day, for work to do that demands the best we have and still finds 
us sometimes inadequate. We seek Your Help, knowing that in partnership with 
You there shall be no problems beyond our solution. God help us to be right and 
to do right. To Your Glory, Amen." 



May 14, 1996 



10 SENATE JOURNAL [Second Session 

With unanimous consent, the President grants a leave of absence for today to 
Senator Ballantine due to illness and to Senator Perdue who is attending funerals 
for University of North Carolina students who lost their lives in the Phi Gamma 
Delta Fraternity House fire in Chapel Hill, of which her son is a member. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, May 14, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. John T Mere- 
dith of Greenville, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senator Edwards: 

S.B. 1104, a bill to provide limited immunity for medical care providers provid- 
ing medical information on drivers to the Commissioner of Motor Vehicles. 
Referred to Judiciary II/Election Laws Committee. 

By Senator Hartsell: 

S.J.R. 1105, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a bill to be entitled an act to make various technical amend- 
ments to the General Statutes as recommended by the General Statutes Commis- 
sion. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Perdue and Warren: 

S.B. 1106, a bill to appropriate funds for the four Alzheimer's Chapters. 

Referred to Appropriations Committee. 

By Senators Perdue and Warren: 

S.B. 1107, a bill to appropriate funds to the Department of Revenue so that 
North Carolina may facilitate the withholding of State income taxes from federal 
pension checks for retirees who request withholding. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Perdue and Foxx: 

S.B. 1108, a bill to provide that chocolate milk that is exempt from soft drink tax 
is not required to register with the Department of Revenue for the exemption. 
Referred to Finance Committee. 

By Senators Perdue and Warren: 

S.B. 1109, a bill to extend the State Ports Study Commission. 

Referred to Rules and Operation of the Senate Committee. 



May 14, 1996 



1996] SENATE JOURNAL n 

By Senators Perdue, Warren, and Odom: 

S.B. 1110, a bill to appropriate funds for community and home care services for 
the aging. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Perdue, Foxx, and Odom: 

S.B. 1111, a bill to repeal the thirty-day rule for demanding a refund of an 
illegal tax. 

Referred to Judiciary I/Constitution Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Perdue and Shaw: 

S.B. 1112, a bill to prohibit the issuance of new shellfish cultivation leases in 
Core Banks, to establish a moratorium on shellfish leases in the remaining area in 
Carteret County, and to require that the Joint Legislative Commission on Seafood 
and Aquaculture study the shellfish lease program. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Conder and Plyler: 

S.B. 1113, a bill to change the date for the oath of office for members of the 
Richmond County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Lucas, Dannelly, Hartsell, Hobbs, Perdue, Plexico, Winner, Gulley, 
and Kerr: 

S.B. 1114, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to change the composition of the Professional 
Teaching Standards Commission so that teachers have a majority, to expand the 
authority of the Professional Teaching Standards Commission, and to establish a 
Professional Practices Board. 

Referred to Education/Higher Education Committee. 

By Senators Winner, Hobbs, Conder, Edwards, Plexico, Dannelly, Lucas, Odom, 
Gulley, Hartsell, Carpenter, Perdue, Little, Davis, Kerr, Cooper, Hoyle, and Foxx: 

S.B. 1115, a bill to implement the recommendation of the School Capital 
Construction Study Commission to authorize the issuance of general obligation 
bonds of the State, subject to a vote of the qualified voters of the State, to provide 
funds for grants to counties for public school capital outlay projects, in order to 
promote equity in local school facilities across the State and to enable local gov- 
ernments to give local property tax relief. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Finance Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Winner, Gulley, Hartsell, and Foxx: 

S.B. 1116, a bill to allow persons who are unable to go to the polls because of 
observance of a religious holiday to cast an absentee ballot. 
Referred to Judiciary II/Election Laws Committee. 



May 14, 1996 



12 SENATE JOURNAL [Second Session 

By Senators Dannelly, Hartsell, Hobbs, Lucas, Perdue, Plexico, Winner, 
Albertson, Martin of Guilford, Warren, Cooper, Martin of Pitt, and Parnell: 

S.B. 1117, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to make amendments to the laws governing the 
Standards Board for Public School Administration and the Public School Adminis- 
trator Exam. 

Referred to Education/Higher Education Committee. 

By Senators Parnell, Dannelly, Hartsell, Hobbs, Lucas, Perdue, Plexico, Winner, 
Odom, Albertson, Speed, Plyler, Gulley, and Cooper: 

S.B. 1118, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to change the name of Pembroke State University 
to the University of North Carolina at Pembroke. 

Referred to Education/Higher Education Committee. 

By Senators Gulley and Plexico: 

S.B. 1119, a bill to provide for holding the canvass for primaries and elections 
on the third rather than the second day after election day. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley and Winner: 

S.B. 1120, a bill to prohibit the use of ineligible voter's testimony about how 
the vote was cast; to give the person protesting the election the right to call for a 
new election when the number of ineligible voters exceeds the margin of victory; 
and to make related changes. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley and Winner: 

S.B. 1121, a bill to add to the modes of election that may be chosen locally for 
city and county governments the following: cumulative voting and preference vot- 
ing. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley and Winner: 

S.B. 1122, a bill to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding. 

Referred to Judiciary II/Election Laws Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Gulley: 

S.B. 1123, a bill to make corrections in the 1994 legislation designed to bring 
North Carolina into compliance with the National Voter Registration Act. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley, Plexico, and Winner: 

S.B. 1124, a bill to allow precinct assistants to work split shifts. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley, Plexico, and Winner: 

S.B. 1125, a bill to codify the State Board of Elections' ruling concerning con- 
tributions to State campaigns by federal committees. 
Referred to Judiciary II/Election Laws Committee. 



May 14, 1996 



1996] SENATE JOURNAL 13 

By Senators Gulley, Plexico, and Winner: 

S.B. 1126, a bill to allow the appointment in certain circumstances of precinct 
officials and ballot counters for a precinct who are not registered to vote in that 
precinct. 

Referred to Judiciary H/Election Laws Committee. 

By Senators Soles, Conder, Gulley, Perdue, Odom, Martin of Pitt, Martin of 
Guilford, Kerr, Sherron, Plyler, Rand, Lucas, Speed, Albertson, Dannelly, Edwards, 
Parnell, Winner, Hobbs, Warren, Cooper, and Hoyle: 

S.B. 1127, a bill to provide postretirement increases in the benefits of retirees 
and other beneficiaries of the Teachers' and State Employees' Retirement System, 
the Consolidated Judicial Retirement System, the Legislative Retirement System, 
and the Local Governmental Employees' Retirement System. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senators Perdue, Warren, Parnell, Plexico, Conder, Gulley, Martin of 
Guilford, Odom, Martin of Pitt, Ballance, Kerr, Rand, Plyler, Lucas, Speed, 
Albertson, Edwards, Soles, Dannelly, Winner, Cooper, Sherron, and Hcbbs: 

S.B. 1128, a bill to establish the Clean Water Management Trust Fund and a 
board of trustees to administer the Fund, to provide tax credits for certain efforts 
to clean up or prevent surface water pollution, and to provide that a certain per- 
centage of General Fund reversions shall be appropriated to fund the Clean Water 
Management Trust Fund. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Hobbs, Winner, Conder, Edwards, Plexico, Lucas, Gulley, Odom, 
Dannelly, Speed, Cooper, Rand, Little, Davis, and Cochrane: 

S.B. 1129, a bill to implement the recommendation of the School Capital 
Construction Study Commission to authorize the issuance of general obligation 
bonds of the State, subject to a vote of the qualified voters of the State, to provide 
funds for grants to counties for public school capital outlay projects, in order to 
promote equity in local school facilities across the State and to enable local gov- 
ernments to give local property tax relief. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Finance Committee. 

By Senator Parnell: 

S.B. 1130, a bill to appropriate funds to the Town of Maxton for planning costs 
related to the restoration of the Patterson Building, an historic flatiron structure 
located in the Town of Maxton. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 1131, a bill to authorize the Town of Maxton to convey certain property at 
private sale to the Historic Preservation Foundation of North Carolina, Inc., a 
nonprofit corporation. 

Referred to Local Government and Regional Affairs Committee. 



May 14, 1996 



14 SENATE JOURNAL [Second Session 

By Senator Parnell: 

S.B. 1132, a bill to extend the Study Commission on the Department of Crime 
Control and Public Safety. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Hobbs, Winner, Edwards, Lucas, Odom, Gulley, Cooper, Rand, 
Dannelly, Speed, Perdue, Warren, Kerr, Hoyle, Little, Foxx, and Davis: 

S.B. 1133, a bill to implement the recommendation of the School Capital 
Construction Study Commission to establish the School Facilities Trust Fund to 
provide funds for grants to counties for public school capital outlay projects, in 
order to promote equity in local school facilities across the State and to reduce the 
pressure on the local property tax. 

Referred to Education/Higher Education Committee. 

By Senators Hobbs, Winner, Conder, Edwards, McDaniel, Plexico, Lucas, Speed, 
Gulley, Odom, Rand, Perdue, Dannelly, Warren, Kerr, Cochrane, Foxx, Davis, 
Little, and Hoyle. 

S.B. 1134, a bill to implement the recommendation of the School Capital 
Construction Study Commission to clarify that the State Board of Education is to 
establish school facilities guidelines, to direct the State Board of Education to 
establish a central clearinghouse for prototype designs of school facilities, to direct 
the State Board of Education to establish the School Facilities Task Force, and to 
make an appropriation to implement this Act. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Hobbs, Winner, Conder, Edwards, McDaniel, Plexico, Lucas, Speed, 
Odom, Dannelly, Gulley, Rand, Perdue, Little, Davis, and Cochrane: 

S.B. 1135, a bill to implement the recommendation of the School Capital 
Construction Study Commission to direct the State Board of Education and the 
Local Government Commission to modify their accounting and reporting systems 
to allow tracking of local expenditures in schools' capital outlay funds, to direct the 
State Board of Education to develop a uniform system for schools to develop 
five-year capital needs plans, and to amend the School Budget and Fiscal Control 
Act. 

Referred to Education/Higher Education Committee. 

By Senators Hobbs, Winner, Conder, Edwards, McDaniel, Plexico, Lucas, Odom, 
Gulley, Dannelly, Speed, Rand, Perdue, Little, Davis, and Foxx: 

S.B. 1136, a bill to implement the recommendation of the School Capital 
Construction Study Commission to make permanent the requirement that counties 
use part of the two half-cent local sales tax proceeds only for public school build- 
ings. 

Referred to Finance Committee. 

By Senators Hobbs, Conder, Edwards, Lucas, Gulley, Parnell, Speed, Rand, 
Dannelly, Cochrane, Little, and Davis: 

S.B. 1137, a bill to implement the recommendation of the School Capital 
Construction Study Commission to allow Alamance, Alexander, Anson, Beaufort, 
Bertie, Buncombe, Burke, Caldwell, Camden, Caswell, Catawba, Chatham, 



May 14, 1996 



1996] SENATE JOURNAL 15 

Cherokee, Clay, Cleveland, Craven, Cumberland, Dare, Davidson, Davie, Durham, 
Gaston, Gates, Graham, Granville, Guilford, Henderson, Hertford, Hoke, Hyde, 
Jones, Lenoir, Lincoln, Martin, McDowell, Mecklenburg, Mitchell, Montgomery, 
New Hanover, Northampton, Onslow, Pamlico, Perquimans, Person, Pitt, Polk, 
Robeson, Rockingham, Rutherford, Stokes, Surry, Swain, Transylvania, Tyrrell, 
Vance, Warren, Washington, Wayne, Wilkes, Wilson, Yadkin, and Yancey Counties 
to acquire property for use by their county boards of education. 
Referred to Education/Higher Education Committee. 

By Senators Winner, Dannelly, Hartsell, Hobbs, Lucas, Perdue, Plexico, Simpson, 
Odom, Little, and Foxx: 

S.B. 1138, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to implement the State Board of Education's rec- 
ommendation to establish a commission to review and revise the public school 
laws. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Winner, Dannelly, Hartsell, Hobbs, Lucas, Perdue, Plexico, Simpson, 
Conder, Odom, Gulley, Little, Davis, Cooper, and Kerr: 

S.B. 1139, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to implement the State Board of Education's 
ABC's plan in order to establish an accountability model for the public schools to 
improve student performance and increase local flexibility and control, to make 
conforming changes, and to make an appropriation. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

On motion of Senator Basnight, seconded by Senator Martin of Guilford, the 
Senate adjourns at 1:56 P.M. to meet tomorrow, Wednesday, May 15, at 1:30 P.M. 






ONE HUNDRED TWELFTH DAY 

Senate Chamber 
Wednesday, May 15, 1996. 






The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

Lifting from the Jewish Midrash, he states: 

"A wise old Rabbi named Eliezer told the Biblical story this way. 'God said to 
Moses: Moses My children are in distress. The sea forms a sandbar in front of 
you and the Egyptians pursue. Yet you stand and say long prayers! Why do you 



May 15, 1996 



16 SENATE JOURNAL [Second Session 

cry unto Me?' Rabbi Eliezer would then say there is a time to be brief in prayer 
and a time to be lengthy." 

Mr. Morris then offers the following prayer: 

"Lord, teach us when to cease praying just with words and when to let the very 
living of life be itself a prayer offered to You. 

"Then we shall understand what the Apostle Paul meant when he said, 'pray 
without ceasing.'" 

With unanimous consent, the President grants a leave of absence for today to 
Senator Cooper. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, May 14, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. Charles 
Boyette of Belhaven, who is serving the Senate as Doctor of the Day. 

COMMITTEE REFERRAL RECALL 

S.J.R. 1099, a joint resolution honoring the life and memory of Nancy Winbon 
Chase, former State Legislator, referred to Rules and Operation of the Senate 
Committee on June 29, 1995. 

Pursuant to Rule 47(b), Senator Rand offers a motion the joint resolution be 
taken from the Rules and Operation of the Senate Committee and placed on the 
Calendar for Monday, May 20, which motions prevail with unanimous consent. 

The Chair orders the joint resolution recalled from the Rules and Operation of 
the Senate Committee and places it on the Calendar for Monday, May 20, for 
consideration upon its passage. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Plexico for the Education/Higher Education Committee: 

S.B. 1118, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to change the name of Pembroke State University 
to the University of North Carolina at Pembroke, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Soles, Conder, and Perdue: 

S.B. 1140, a bill to develop a proposal for a reserve fund to pay catastrophic 
losses as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



May 15, 1996 



1996] SENATE JOURNAL 17 

By Senators Soles and Conder: 

S.B. 1141, a bill to revise the definition of nonfleet motor vehicle to allow 
flexibility for the number of automobiles that may be written under a personal 
automobile insurance policy as recommended by the Legislative Research Commis- 
sion's Committee on Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Soles and Conder: 

S.B. 1142, a bill to amend the Medicare supplement insurance laws to comply 
with the federal Social Security amendments of 1994 as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Soles and Conder: 

S.B. 1143, a bill to provide that insurers are not required to obtain written 
consent to rate on each policy renewal as recommended by the Legislative 
Research Commission's Committee on Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Soles, Conder, and Perdue: 

S.B. 1144, a bill to revise the participation formula of the North Carolina Insur- 
ance Underwriting Association as recommended by the Legislative Research Com- 
mission's Committee on Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Soles and Conder: 

S.B. 1145, a bill to provide that uninsured and underinsured motorist coverage 
may be limited or excluded under excess or umbrella policies as recommended by 
the Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Soles and Conder: 

S.B. 1146, a bill to repeal the law prohibiting licensed reinsurers from assuming 
reinsurance from nonadmitted insurers as recommended by the Legislative 
Research Commission's Committee on Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Soles and Conder: 

S.B. 1147, a bill to provide for more effective financial supervision, rehabilita- 
tion, and liquidation procedures for continuing care retirement centers and to 
provide that continuing care agreements are subordinate to the cost of administra- 
tion in liquidation as recommended by the Legislative Research Commission's 
Committee on Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Soles, Conder, and Perdue: 

S.B. 1148, a bill to provide additional coverage under the North Carolina Beach 
Plan as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



May 15, 1996 



18 SENATE JOURNAL [Second Session 

By Senators Soles and Conder: 

S.B. 1149, a bill to conform the law governing small employer health benefit 
plans to 1995 legislation as recommended by the Legislative Research Commis- 
sion's Committee on Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Soles and Conder: 

S.B. 1150, a bill to conform the law governing setoffs with the law governing the 
recovery of premiums owed insurers as recommended by the Legislative Research 
Commission's Committee on Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Soles and Conder: 

S.B. 1151, a bill to lessen the requirement of insurance companies to maintain 
trust accounts or obtain letters of credit or guaranty bonds as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senator Parnell: 

S.B. 1152, a bill to appropriate funds to the North Carolina Cancer Institute, 
Inc., a nonprofit corporation, for the construction of a new skilled nursing facility 
in Robeson County. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 1153, a bill to provide staggered terms for members of the Board of Com- 
missioners of the Town of Lumber Bridge and provide a four-year term for the 
Mayor. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Parnell: 

S.B. 1154, a bill to grant authority to the City of Lumberton to address aban- 
doned structures in in the same manner as municipalities in counties with a popu- 
lation of over one hundred sixty-three thousand. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Kerr: 

S.B. 1155, a bill to change the requirement for hospital reimbursement in 
workers' compensation cases. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Kerr and Carpenter: 

S.B. 1156, a bill to appropriate funds to the Department of Revenue so that 
North Carolina may facilitate the withholding of State income taxes from federal 
pension checks for retirees who request withholding. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Kerr: 

S.B. 1157, a bill to make technical corrections in the 1995 workers' compensa- 
tion insurance loss costs rating laws. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



May 15, 1996 



1996] SENATE JOURNAL 19 

By Senators Kerr and Carpenter: 

S.B. 1158, a bill to conform the penalty for workers' compensation fraud to the 
penalty for insurance fraud and to raise the penalties for certain other workers' 
compensation offenses from Class 1 misdemeanors to Class H felonies. 

Referred to Judiciary II/EIection Laws Committee. 

By Senators Ballance and Kerr: 

S.B. 1159, a bill to remove language requiring an attorney's opinion and written 
statement in appeals by indigents from the Industrial Commission to the North 
Carolina Court of Appeals. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Ballance, Kerr, and Parnell: 

S.B. 1160, a bill to remove the requirement for workers' compensation coverage 
for subcontractors with no employees. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Plexico, Dannelly, Hartsell, Hobbs, Lucas, Perdue, Winner, and 
Foxx: 

S.B. 1161, a bill to implement the recommendation of the Joint Legislative 
Education oversight Committee to implement and monitor the plan for the transfer 
of credits between North Carolina institutions of higher education. 

Referred to Education/Higher Education Committee. 

By Senator Sherron: 

S.B. 1162, a bill to appropriate funds to enhance State government access to all 
phases of the administrative rule-making process. 
Referred to Appropriations Committee. 

By Senators Warren, Albertson, Hoyle, Conder, Martin of Pitt, and Sherron: 
S.B. 1163, a bill to implement a recommendation of the Legislative Research 

Commission's Financial Institutions Issues Committee to amend the North Carolina 

Reciprocal Interstate Banking Act. 
Referred to Commerce Committee. 

By Senators Warren, Conder, Albertson, Speed, Hoyle, Martin of Pitt, and 
Sherron: 

S.B. 1164, a bill to appropriate funds to the Board of Governors of the Univer- 
sity of North Carolina to complete the expansion of the Dowdy-Ficklen Stadium 
at East Carolina University. 

Referred to Appropriations Committee. 

By Senators Kerr, Hoyle, Gulley, Horton, Martin of Pitt, Rand, Smith, and 
Speed: 

S.B. 1165, a bill to allow counties to electronically remove a vehicle registration 
tax block upon full payment of property taxes. 

Referred to Finance Committee. 

By Senators Kerr, Warren, Hoyle, Cooper, Rand, Albertson, Odom, Speed, 
Kincaid, Martin of Pitt, Plyler, Conder, Carpenter, and Perdue: 

S.B. 1166, a bill to appropriate funds for workers' compensation for volunteer 
fire department and rescue/EM workers. 

Referred to Appropriations Committee. 



May 15, 1996 



20 SENATE JOURNAL [Second Session 

By Senators Odom, Parnell, Gulley, Martin of Pitt, Perdue, Kerr, Plyler, Sherron, 
Rand, Lucas, Speed, Albertson, Edwards, Dannelly, Conder, Plexico, Hobbs, 
Winner, Cooper, Soles, and Warren: 

S.B. 1167, a bill to amend the sex offender registration law to clarify that 
persons convicted of sex offenses in federal court are required to register. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom, Plexico, Perdue, Gulley, Martin of Pitt, Martin of Guilford, 
Sherron, Rand, Ballance, Plyler, Lucas, Speed, Albertson, Edwards, Dannelly, 
Conder, Hobbs, Winner, Parnell, Cooper, Soles, and Warren: 

S.B. 1168, a bill to appropriate funds for domestic violence prevention and 
programs. 

Referred to Appropriations Committee. 

By Senators Rand and Edwards: 

S.B. 1169, a bill to allow the Cumberland County Board of Education to permit 
the use of public school buses to serve the transportation needs of the National 
Forensics League Tournament. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Soles: 

S.B. 1170, a bill to provide for lien rights for persons who fabricate dies, molds, 
forms, or patterns and who fabricate products from dies, molds, forms, or patterns. 
Referred to Judiciary I/Constitution Committee. 

By Senator Foxx: 

S.B. 1171, a bill to allow Surry County to acquire property for use by its County 
Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Foxx and East: 

S.B. 1172, a bill to authorize the Rockingham Board of Equalization and Review 
to meet after its formal adjournment. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Foxx and East: 

S.B. 1173, a bill to permit the local board of education in Alleghany County to 
schedule longer school days so as to offset days lost due to inclement weather. 
Referred to Education/Higher Education Committee. 

By Senators Foxx and East: 

S.B. 1174, a bill to allow Rockingham County to acquire property for use by its 
county board of education and to clarify the filing date for members of the Rock- 
ingham County Consolidated Board of Education. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Speed, Kincaid, McDaniel, Martin of Pitt, Soles, McKoy, Kerr, and 
Foxx: 

S.B. 1175, a bill to provide that no State rule regulating drinking water standards 
and testing may be more restrictive than the federal law. 

Referred to Judiciary II/Election Laws Committee. 



May 15, 1996 



1996] SENATE JOURNAL 21 

By Senators Little and Hobbs: 

S.B. 1176, a bill to modify the requirements for making street assessments in 
Foxfire Villages under certain circumstances. 
Referred to Finance Committee. 

By Senators Cochrane, Carpenter, Speed, and Dannelly: 

S.B. 1177, a bill to appropriate funds to the Alzheimer's Associations. 

Referred to Appropriations Committee. 

By Senators Cochrane, Cooper, Kerr, Soles, and Carpenter: 
S.B. 1178, a bill to make technical and conforming changes to the revenue laws 
and related statutes. 
Referred to Finance Committee. 

By Senators Kerr, Cochrane, Cooper, Soles, and Carpenter: 
S.B. 1179, a bill to provide a grace period for military personnel to list and pay 
property taxes after deployment in connection with Operation Joint Endeavor. 
Referred to Finance Committee. 

By Senators Kerr, Cochrane, Cooper, Soles, and Carpenter: 
S.B. 1180, a bill to require local governments to account for 911 surcharges in 
their annual financial statements. 
Referred to Finance Committee. 

By Senators Hoyle, Gulley, Horton, Kerr, Martin of Pitt, Rand, Smith, and 
Speed: 

S.B. 1181, a bill to allow utility poles carried on side-loaders to extend more 
than three feet beyond the front bumper of the vehicle. 

Referred to Transportation Committee. 

By Senators Hoyle and Martin of Pitt: 

S.B. 1182, a bill to enforce economy and State printing costs and to promote 
opportunities for increased privatization of printing. 
Referred to Commerce Committee. 

By Senators Hoyle and Martin of Pitt: 

S.B. 1183, a bill regarding the jurisdiction of the Utilities Commission with 
regard to the resale of water or sewer service in apartments, condominiums, and 
similar places as recommended by the Joint Legislative Utility Review Committee. 

Referred to Commerce Committee. 

By Senators Hartsell, Odom, Carrington, and Foxx: 

S.B. 1184, a bill to change the laws governing annexation by cities with a popula- 
tion of less than five thousand. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Hartsell, Odom, Carrington, and Foxx: 

S.B. 1185, a bill to change the laws governing annexation by cities with a popula- 
tion of five thousand or more. 
Referred to Judiciary II/Election Laws Committee. 



May 15, 1996 



22 SENATE JOURNAL [Second Session 

By Senators Hartsell, Odom, and Carrington: 

S.B. 1186, a bill to amend Chapter 40A governing condemnation to authorize 
award of attorneys' fees, and introduction of any evidence of property value. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Hartsell, Odom, and Carrington: 

S.B. 1187, a bill to require first-class mail notice of all property owners in an 
area proposed for addition to a municipality's extraterritorial planning and zoning 
jurisdiction, proportional representation for residents of the ETJ on the planning 
agency, and a hearing before county appointment of representation to the planning 
agency. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Albertson, Warren, Speed, Kerr, and Dannelly: 
S.B. 1188, a bill to establish the offenses of trespass on pine straw production 
land and larceny of pine straw. 
Referred to Judiciary I/Constitution Committee. 

By Senator Albertson: 

S.B. 1189, a bill to allow Jones County to acquire property for use by its County 
Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Albertson: 

S.B. 1190, a bill to extend the extraterritorial planning jurisdiction of the Town 
of Wallace. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Albertson, Perdue, and Shaw: 

S.B. 1191, a bill to remove the expiration date on the endorsement to sell pro- 
gram set forth in Chapter 516 of the 1993 Session Laws. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Albertson, Perdue, and Shaw: 

S.B. 1192, a bill to appropriate funds to the Department of Environment, 
Health, and Natural Resources for the shellfish sanitation branch in the environ- 
mental health section of the Division of Health. 

Referred to Appropriations Committee. 

By Senators Albertson, Perdue, and Shaw: 

S.B. 1193, a bill to clarify the date of the Moratorium Steering Committee's final 
report and to extend the date that the Joint Legislative Commission on Seafood 
and Aquaculture is required to report. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Albertson, Perdue, Shaw: 

S.B. 1194, a bill recommended by the Joint Legislative Commission on Seafood 
and Aquaculture to allow employees on shellfish leases and franchises to work 
without possessing an individual shellfish license. 

Referred to Agriculture/Environment/Natural Resources Committee. 



May 15, 1996 



1996] SENATE JOURNAL 23 

By Senators Albertson, Perdue, and Shaw: 

S.B. 1195, a bill to coordinate the Fishery Resource Grant Program in the North 
Carolina Sea Grant College Program at the University of North Carolina. 
Referred to Appropriations Committee. 

By Senator Soles: 

S.B. 1196, a bill to provide liens on real property for the furnishing of rental 
equipment. 
Referred to Judiciary I/Constitution Committee. 

By Senators Winner, Dannelly, Carpenter, Martin of Pitt, Lucas, Conder, and 
Martin of Guilford: 

S.B. 1197, a bill recommended by the Mental Health Study Commission to 
ensure area authority financial stability and delivery of adequate services to clients. 

Referred to Children and Human Resources Committee. 

By Senators Kerr, Cochrane, Cooper, Soles, and Carpenter: 

S.B. 1198, a bill to clarify the requirements concerning imports and exports of 

motor fuel under the "tax at the rack" laws and to make other adjustments to 

those laws. 
Referred to Finance Committee. 

COMMITTEE REFERRAL RECALL 

S.B. 1128, a bill to establish the Clean Water Management Trust Fund and a 
board of trustees to administer the Fund, to provide tax credits for certain efforts 
to clean up or prevent surface water pollution, and to provide that a certain per- 
centage of General Fund reversions shall be appropriated to fund the Clean Water 
Management Trust Fund, referred to the Finance Committee on May 14. 

Pursuant to Rule 47(b), Senator Kerr offers a motion the bill be taken from the 
Finance Committee and re-referred to the Agriculture/Environment/Natural 
Resources Committee, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Finance Committee and re-refers 
the measure to the Agriculture/Environment/Natural Resources Committee. 

On motion of Senator Basnight, seconded by Senator Jordan, the Senate 
adjourns at 2:04 P.M. to meet Thursday, May 16, at 12:00 Noon. 

ONE HUNDRED THIRTEENTH DAY 

Senate Chamber 
Thursday, May 16, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

May 16, 1996 



24 SENATE JOURNAL [Second Session 

"Lord, we confess that our world has become too small, our imaginations too 
confined. Often with family, friends, even our vocations, we expect to have happen 
today that which happened yesterday. Forgive us when we plod along — searching 
for sameness rather than surprise. 

"Today, give us the joy which comes when Your Spirit breathes into our lives — 
disrupting, intruding, bringing life. 

"Enable us to see that everything in this world is not of our own devising 
because You are free to create, to change, and to move! Do so among us today. 
Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator Dannelly to attend a funeral. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, May 15, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Loretta S. 
Stenzel of Durham, who is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senators Smith, Blackmon, and Cochrane: 

S.B. 1199, a bill to appropriate funds to the State Highway Patrol for a new 
troop and district headquarters building. 
Referred to Appropriations Committee. 

By Senators Edwards and Rand: 

S.B. 1200, a bill to appropriate funds to the Board of Governors of the Univer- 
sity of North Carolina for the construction of a fine arts building at Fayetteville 
State University. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 1201, a bill to permit the Lumberton Firemen's Supplementary Pension 
Fund to increase the monthly benefits to its members. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators East and Foxx: 

S.B. 1202, a bill to include Alleghany County and Surry County among those 
counties that require consent of the board of county commissioners before land 
may be condemned or acquired by a unit of local government outside the county. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Hoyle and Martin of Pitt: 

S.B. 1203, a bill to allow the City of Bessemer City to convey certain described 
property at private sale. 
Referred to Local Government and Regional Affairs Committee. 



May 16, 1996 



1996] SENATE JOURNAL 25 

By Senators Martin of Pitt, Rand, Hoyle, Albertson, Warren, Kerr, and Dannelly: 
S.B. 1204, a bill to increase the monthly pension payments for qualified firemen 
and eligible rescue squad workers. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senator Martin of Pitt: 

S.B. 1205, a bill to provide that the Department of Cultural Resources shall 
study the historic significance of the Princeville Cemetery and to appropriate funds 
for the study. 

Referred to Rules and Operation of the Senate Committee and upon a favor- 
able report, re-referred to the Appropriations Committee. 

By Senators Gulley and Lucas: 

S.B. 1206, a bill to create the Butner Advisory Council and to enumerate its 
duties. 
Referred to Appropriations Committee. 

By Senators Winner, Dannelly, Hartsell, Hobbs, Lucas, Perdue, Plexico, and 
Simpson: 

S.B. 1207, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to improve the program and services for gifted 
students. 

Referred to Education/Higher Education Committee. 

By Senators Odom, Winner, Blackmon, and Dannelly: 
S.B. 1208, a bill to appropriate funds for the expansion of services at Summit 
House. 
Referred to Appropriations Committee. 

By Senators Warren, Lucas, Carpenter, Conder, Albertson, Edwards, Rand, 
Martin of Pitt, Martin of Guilford, Gulley, Sherron, Dannelly, and Blackmon. 

S.B. 1209, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to authorize state-chartered 
banks, savings and loan associations, and savings banks to observe holidays as 
determined by their boards of directors. 

Referred to Commerce Committee. 

By Senators Horton, McDaniel, Speed, Cochrane, Lucas, Ballance, Smith, Soles, 
Foxx, Shaw, McKoy, Clark, Ledbetter, Blust, Odom, Hobbs, Jordan, Plexico, East, 
Martin of Pitt, Hoyle, Davis, Rand, Warren, Martin of Guilford, Basnight, Kerr, 
and Little: 

S.J.R. 1210, a joint resolution honoring the memory of James Gordon Hanes, 
Jr., former State Senator and industrialist. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Horton, McDaniel, Speed, Cochrane, Lucas, Ballance, Smith, Soles, 
Foxx, Shaw, McKoy, Clark, Ledbetter, Blust, Odom, Hobbs, Jordan, Plexico, East, 
Martin of Pitt, Hoyle, Warren, Davis, Rand, Martin of Guilford, Basnight, Kerr, 
and Little: 

S.J.R. 1211, a joint resolution honoring the life and memory of Governor John 
Motley Morehead on the Two Hundredth Anniversary of his birth. 

Referred to Rules and Operation of the Senate Committee. 



May 16, 1996 



26 SENATE JOURNAL [Second Session 

APPOINTMENTS BY THE GOVERNOR 

The Chair directs the Reading Clerk to read: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 
JAMES B. HUNT JR. 
GOVERNOR 

May 14, 1996 

The Honorable Dennis Wicker 
President of the Senate 
2104 Legislative Building 
Raleigh, NC 27601 

Dear Lt. Gov. Wicker: 

Pursuant to General Statute 106-2, I hereby appoint Roger Oxendine to the 
North Carolina State Board of Agriculture and submit his name for the advice and 
consent of the North Carolina Senate. Mr. Oxendine will fulfill the unexpired 
term of the late Sam McLawhorn. His term will expire May 1, 2001. 

We have attached biographical information on Mr. Oxendine. Please feel free to 
contact him or my staff if you need additional information. I appreciate your 
prompt consideration of his nomination. 



My warmest personal regards. 



Sincerely, 
S/James B. Hunt Jr. 



Referred to Agriculture/Environment/Natural Resources Committee. 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

JAMES B. HUNT JR. 
GOVERNOR 

May 14, 1996 

The Honorable Dennis Wicker 
President of the Senate 
2104 Legislative Building 
Raleigh, NC 27601 

Dear Lt. Gov. Wicker: 

Pursuant to General Statute 135-6, 1 hereby appoint the following members to 
the Board of Trustees of the Teachers' and State Employees' Retirement System 
and submit their names for confirmation by the North Carolina Senate. 



May 16, 1996 



1996] SENATE JOURNAL 27 

Carol-Ann Tucker, Pitt County 

- representative of higher education - to fill an unexpired term to expire on 
June 30, 1997 

Sgt. Michael L. Dupree, Granville County 

- representative of state law enforcement - to fill an unexpired term to expire on 
March 31, 1997 

Kevin G. Harris, Nash County 

- representative of the public - full term to expire on March 31, 2000 

Paschal W. "Pat" Swann, Forsyth County 

- representative of the public - full term to expire on March 31, 2000 

S. Leigh Wilson, Wake County 

- representative of the public - reappointment to a full term to expire on 
March 31, 2000 

We have attached biographical information on each member. Please feel free to 
contact them or my staff if you need additional information. 

I appreciate your prompt consideration of these nominees. 

My warmest personal regards. 

Sincerely, 
S/James B. Hunt Jr 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

S.B. 1118, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to change the name of Pembroke State University 
to the University of North Carolina at Pembroke. 

The bill passes its second (47-0) and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

WITHDRAWAL FROM CALENDAR 

S.J.R. 1099, a joint resolution honoring the life and memory of Nancy Winbon 
Chase, former State Legislator, on the Calendar for May 20. 

Senator Rand offers a motion the joint resolution be taken from the Calendar 
for May 20 and placed on the Calendar for Monday, May 27, which motions 
prevail with unanimous consent. 

The Chair orders the joint resolution taken from the Calendar for May 20 and 
places it on the Calendar for Monday, May 27, for consideration upon its passage. 

On motion of Senator Basnight, seconded by Senator Shaw, the Senate adjourns 
at 12:26 P.M. to meet Monday, May 20, at 7:00 P.M. 



May 16, 1996 



28 SENATE JOURNAL [Second Session 



ONE HUNDRED FOURTEENTH DAY 

Senate Chamber 
Monday, May 20, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our Heavenly Father, as the Senate begins a new week, may all who work here 
do so with a renewed sense of freshness and energy. 

"We are a blessed community here. Remind us in the midst of our prosperity 
that all good gifts come from You. They are Yours to give but not ours to keep. 

"So let us be human instruments for the fulfillment of Your Purpose in this 
world — giving out of our own prosperity the best of our service and influence in 
order to benefit others. Amen." 

With unanimous consent, the President grants a leave of absence for tonight to 
Senator Hobbs. 

COURTESIES 

The Sergeant-at-Arms announces the presence of Jeff Gordon, 1995 NASCAR 
Champion, and Rick Hendrick at the doors of the Chamber who await the plea- 
sure of the Senate. 

The President recognizes Senator Basnight, President Pro Tempore, who appoints 
Senator Plyler of Union, Senator Odom of Mecklenburg, Senator Dannelly of 
Mecklenburg, Senator Winner of Mecklenburg, Senator Hartsell of Cabarrus, 
Senator Kerr of Wayne, Senator Blackmon of Mecklenburg, and Senator Conder of 
Richmond to escort Jeff Gordon and Rick Hendrick to the Well of the Senate who 
are received with a standing ovation. 

Senator Odom introduces Jeff Gordon, 1995 NASCAR Champion, to the 
President of the Senate and Senators. The President acknowledges the 
accomplishments of Mr. Gordon and congratulates him. The President recognizes 
Mr. Gordon who offers brief remarks. 

The President presents a Certificate of Acknowledgment and Congratulations 
from the Senate to Jeff Gordon in recognition of his achievement in winning the 
1995 NASCAR Championship. 

The President introduces Rick Hendrick to the Members acknowledging his 
contributions to this State and congratulates him. The President recognizes Mr. 
Hendrick who offers brief remarks to the Senate. 

The President presents a Certificate of Acknowledgment and Congratulations 
from the Senate to Rick Hendrick in recognition of his achievement in winning the 
1995 NASCAR Championship. 

The Senate acknowledges the guests with a standing ovation. The President 
extends courtesies of the gallery to Brooke Gordon, wife of Jeff Gordon; Linda, 
Lynn, and Ricky Hendrick, family of Rick Hendrick; and to the wife of the 



May 20, 1996 



1996] SENATE JOURNAL 29 

Lieutenant Governor, Alisa Wicker. The President recognizes the committee to 
escort the guests from the Chamber. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
May 16, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Thomas B. 
Dameron of Raleigh, who is serving the Senate as Doctor of the Day. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 1128, a bill to establish the Clean Water Management Trust Fund and a 
board of trustees to administer the Fund, to provide tax credits for certain efforts 
to clean up or prevent surface water pollution, and to provide that a certain per- 
centage of General Fund reversions shall be appropriated fund the Clean Water 
Management Trust Fund, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Albertson, the proposed Committee Substitute bill 5699 
is placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Hartsell: 

S.B. 1212, a bill to appropriate funds to the Cabarrus County Mediation Center, 
Inc., a nonprofit organization, for operating expenses. 
Referred to Appropriations Committee. 

By Senators Ledbetter and Carpenter: 

S.B. 1213, a bill to allow cancellation by exhibition of a note secured by a deed 
of trust or mortgage in Buncombe County regardless of the date of endorsement. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Ballance, Blackmon, Ballantine, Lucas, Carrington, Foxx, McDaniel, 
Page, Parnell, Sherron, Edwards, Hartsell, Perdue, Hoyle, and Gulley: 

S.B. 1214, a bill to make it a Class F felony offense to assault a law enforcement 
officer and inflict serious bodily injury and to create a new criminal offense of 
assaulting a firefighter as recommended by the Legislative Research Commission's 
Study Committee on Criminal Laws, Procedures, and Sentencing. 

Referred to Judiciary II/Election Laws Committee. 



May 20, 1996 



30 SENATE JOURNAL [Second Session 

By Senators Plyler, Conder, and Smith: 

S.B. 1215, a bill to appropriate funds to the Stanly County Airport Authority for 
airport expansion. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1216, a bill to extend the Beaver Damage Control Program and to add 
Martin County to that Program. 
Referred to Appropriations Committee. 

By Senators Albertson, Parnell, Perdue, Carpenter, Kerr, Hoyle, Soles, Speed, 
Jordan, Conder, Rand, Horton, Martin of Pitt, and Warren: 

S.B. 1217, a bill to implement recommendations of the Blue Ribbon Study Com- 
mission on Agricultural Waste. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Jordan, Albertson, and Ballantine: 

S.B. 1218, a bill to authorize the Pender County Board of Education to convey 
certain property at private sale to the Maple Hill Civic Club, Inc., a nonprofit 
corporation. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Albertson, Parnell, Soles, Carpenter, Kerr, Hoyle, Perdue, Speed, 
Jordan, Rand, Horton, Martin of Pitt, Conder, and Warren: 

S.B. 1219, a bill to appropriate funds to support certain recommendations of the 
Blue Ribbon Study on Agricultural Waste. 

Referred to Appropriations Committee. 

By Senator Davis: 

S.B. 1220, a bill to repeal the local pay date for the Kings Mountain schools. 

Referred to Education/Higher Education Committee. 

ADDITIONAL ENDORSEMENT 

Senator Plexico requests to be recorded endorsing a bill previously introduced: 
S.B. 1166, a bill to appropriate funds for workers' compensation for volunteer 
fire department and rescue/EMS workers. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages and special messages are received from the House of Representatives 
transmitting bills which are read the first time and disposed of, as follows: 

H.B. 1072, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to change the name of Pembroke State University 
to the University of North Carolina at Pembroke. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 



May 20, 1996 



1996] SENATE JOURNAL 31 

H.B. 1074, a bill to prohibit the issuance of new shellfish cultivation leases in 
Core Banks, to establish a moratorium on shellfish leases in the remaining area in 
Carteret County, and to require that the Joint Legislative Commission on Seafood 
and Aquaculture study the shellfish lease program. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

H.B. 1078, a bill to clarify the date of the Moratorium Steering Committee's 
final report and to extend the date that the Joint Legislative Commission on 
Seafood and Aquaculture is required to report. 

Referred to Agriculture/Environment/Natural Resources Committee. 

H.B. 1079, a bill to phase out over four years the four percent State sales tax on 
food and reduce the size of State government by authorizing the Governor to 
freeze hiring for State employees other than education, public safety, public health, 
and other appropriate positions. 

Referred to Finance Committee. 

H.B. 1088, a bill to change the requirement for hospital reimbursement in 
workers' compensation cases. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

The Chair extends courtesies of the floor to William W. Staton, former Senator from 
Lee County. 

The President recognizes the following pages serving in the Senate this week: 

Douglas Kevin Alligood, Belhaven; Tyler Dale Ashworth, Raleigh; Toni 
Michelle Brown, Dallas; Emily Eileen Carter, Chapel Hill; Justin David Cashion, 
Highlands; Jason Lee Coleman, Delco; Rebecca Conner, Buxton; Abby Crouch, 
Gastonia; Jamie Lynn Daniels, Columbia; Hollis Dickens, Raleigh; Cheryl 
Elmstrom, Salvo; Keshia DeVon Elston, Zebulon; Sammy Stephen Evans II, 
Beulaville; Barney Daniel Grady, Kenansville; Tonya L. Hair, Nashville; Sarah 
Elizabeth Kinsey, Cary; Richard Bennett Knight III, Rural Hall; Mary Elizabeth 
Moore, Stoneville; Alvin John Quarles, Raleigh; Scott Patterson Snow, Rural 
Hall; Amanda L. Teague, Hickory; and Adam Christian Wiggins, Whittier. 

On motion of Senator Basnight, seconded by Senator Perdue, the Senate 
adjourns at 7:51 P.M. to meet tomorrow, Tuesday, May 21, at 1:30 P.M. 



ONE HUNDRED FIFTEENTH DAY 

Senate Chamber 
Tuesday, May 21, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 



May 21, 1996 



32 SENATE JOURNAL [Second Session 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"O Lord, it seems we live a lot of our days preoccupied with what has happened 
in the past or what might happen in the future. 

"Perspective, attitude, the ability to live life with fullness in the present is 
enhanced and encouraged when we remember that what lies behind and before us 
are small matters compared to what lies within us. 

"The Psalmist knew the truth of that when he wrote, 'create in me a clean heart, 
O God, and renew a right spirit within me.' Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, May 20, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. James N. 
Thompson, Dean of the Bowman Gray School of Medicine in Winston-Salem, who 
is serving the Senate as Doctor of the Day. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senators McDaniel and Cochrane: 

S.B. 1221, a bill relating to sales of seized, unclaimed property by the City of 
Winston-Salem. 
Referred to Local Government and Regional Affairs Committee. 

By Senators McDaniel and Cochrane: 

S.B. 1222, a bill amending the Charter of the City of Winston-Salem relating to 
the sale of property. 
Referred to Local Government and Regional Affairs Committee. 

By Senators McDaniel and Cochrane: 

S.B. 1223, a bill relating to the daily deposit of collections and receipts by the 
City of Winston-Salem. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Perdue: 

S.B. 1224, a bill to appropriate funds to the Department of Administration, 
North Carolina Council for Women, for domestic violence, rape crisis, and child 
victim assistance programs. 

Referred to Appropriations Committee. 

By Senator Conder: 

S.B. 1225, a bill to appropriate funds for the installation of nonpressurized dry 
fire hydrants in rural areas of the State. 
Referred to Appropriations Committee. 



May 21, 1996 



1996] SENATE JOURNAL 33 

By Senators Kerr, Cochrane, Cooper, Soles, and Hoyle: 
S.B. 1226, a bill to provide tax reform and tax relief for the citizens of North 
Carolina. 
Referred to Finance Committee. 

By Senators Gulley and Lucas: 

S.J.R. 1227, a joint resolution honoring John Carteret, Earl of Granville, for 
whom Granville County was named upon the occasion of the Two Hundred 
Fiftieth Anniversary of Granville County. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Gulley, Ballantine, Rand, and Cooper: 

S.B. 1228, a bill to allow community penalties programs to obtain criminal 
record checks of targeted offenders. 

Referred to Judiciary II/Election Laws Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Gulley, Ballantine, and Rand: 

S.B. 1229, a bill to increase the amount that may be in controversy in district 
and superior civil courts and to make corresponding changes to the Rules of Civil 
Procedure and nonbinding arbitration. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley and Hoyle: 

S.B. 1230, a bill to expedite disposal of unclaimed vehicles by towing and storage 
businesses. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Rand and Gulley: 

S.B. 1231, a bill to add clerks of court to the Sentencing and Policy Advisory 
Commission, the Criminal Justice Advisory Board, and the Governor's Crime 
Commission. 

Referred to Appropriations Committee. 

By Senators Rand and Gulley: 

S.B. 1232, a bill to appropriate funds for the creation of the Civil Procedure 
Study Commission. 
Referred to Appropriations Committee. 

By Senators Rand and Gulley: 

S.B. 1233, a bill to appropriate funds for the creation of the Criminal Procedure 
Study Commission. 
Referred to Appropriations Committee. 

By Senators Odom Plexico, Plyler, Blackmon, Ballantine, Hoyle, Speed, Conder, 
Ballance, Albertson, Warren, Soles, Perdue, and Smith: 

S.B. 1234, a bill to refund the unconstitutional intangibles tax paid on stock for 
the past two years. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 



May 21, 1996 



34 SENATE JOURNAL [Second Session 

By Senators Odom, Ballantine, Gulley, and Rand: 

S.B. 1235, a bill to authorize clerks to allocate spouse's and children's year's 
allowance from a decedent's estate. 

Referred to Judiciary II/Election Laws Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Martin of Guilford, Allran, Cooper, Martin of Pitt, and Winner: 
S.B. 1236, a bill recommended by the Child Fatality Task Force to require all 

State agencies that deal with child health and welfare to report data collection to 

the Child Fatality Task Force. 
Referred to Children and Human Resources Committee. 

By Senators Martin of Guilford, Allran, Cooper, Martin of Pitt, and Winner: 
S.B. 1237, a bill recommended by the Child Fatality Task Force to broaden 

the access to confidential records for the purposes of child fatality review and 

prevention. 
Referred to Judiciary I/Constitution Committee. 

By Senators Cooper, Martin of Guilford, Hartsell, and Forrester: 
S.B. 1238, a bill to promote efficiency and effectiveness in the local public health 
delivery system by appropriating funds to the Department of Environment, Health, 
and Natural Resources to create incentives for small county health departments to 
form district health departments. 
Referred to Appropriations Committee. 

By Senators Cooper and Forrester: 

S.B. 1239, a bill to exempt from sales and use tax free samples of prescription 
drugs distributed by the manufacturer. 
Referred to Finance Committee. 

By Senators Winner, Carpenter, Conder, Lucas, Martin of Guilford, Martin of 
Pitt, Gulley, and Dannelly: 

S.B. 1240, a bill to appropriate funds for Mental Health, Developmental Disabil- 
ities, and Substance Abuse Services, as requested by Coalition 2001. 

Referred to Appropriations Committee. 

By Senators Winner, Allran, Cooper, Martin of Guilford, Martin of Pitt, and 
Gulley: 

S.B. 1241, a bill recommended by the Child Fatality Task Force to improve the 
definition of "dependent juvenile." 

Referred to Judiciary I/Constitution Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting bills 
which are read the first time and disposed of, as follows: 

H.B. 1075 (Committee Substitute), a bill to remove the expiration date on the 
Endorsement to Sell Program set forth in Chapter 515 of the 1993 Session Laws. 
Referred to Agriculture/Environment/Natural Resources Committee. 



May 21, 1996 



1996] SENATE JOURNAL 35 

H.B. 1077 (Committee Substitute), a bill recommended by the Joint Legislative 
Commission on Seafood and Aquaculture to allow employees on shellfish leases 
and franchises to work without possessing an individual shellfish license. 

Referred to Agriculture/Environment/Natural Resources Committee. 

H.B. 1086 (Committee Substitute), a bill to make technical corrections in the 
1995 workers' compensation insurance loss costs rating laws. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it and takes its 
place on the Calendar, as follows: 

By Senator Plexico for the Education/Higher Education Committee: 

S.B. 1139, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to implement the State Board of Education's 
ABC's plan in order to establish an accountability model for the public schools to 
improve student performance and increase local flexibility and control, to make 
conforming changes, and to make an appropriation, with an unfavorable report as 
to a bill, but favorable as to Committee Substitute bill. 

On motion of Senator Plexico, the proposed Committee Substitute bill 8702 is 
placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

On motion of Senator Soles, Deputy President Pro Tempore, seconded by 
Senator Dannelly, the Senate adjourns at 2:04 P.M. to meet tomorrow, Wednesday, 
May 22, at 1:30 P.M. 



ONE HUNDRED SIXTEENTH DAY 

Senate Chamber 
Wednesday, May 22, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear Lord, a proud and pretentious person once exclaimed, 'before I die, I 
mean to make a pilgrimage to the Holy Land. I will climb Mount Sinai and read 
the Ten Commandments aloud at the top.' 



May 22, 1996 



36 SENATE JOURNAL [Second Session 

'"I have a better idea,' replied Mark Twain who was standing within earshot, 
'You can stay home and practice keeping the Commandments.' 

"Help us to know what being righteous is all about — that is to do justice, to love 
kindness, and to walk humbly with You, O God. Amen" 

Senator Soles, Deputy President Pro Tempore, announces the Journal of 
yesterday, Tuesday, May 21, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. James 
Forrester, Jr. of Stanley, who is serving the Senate as Doctor of the Day. Dr. 
Forrester is the son of Senator Forrester of Gaston County. 

REPORT OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

H.B. 1088, a bill to change the requirement for hospital reimbursement in 
workers' compensation cases, with a favorable report. 

S.B. 1127, a bill to provide postretirement increases in the benefits of retirees 
and other beneficiaries of the Teachers' and State Employees' Retirement System, 
the Consolidated Judicial Retirement System, the Legislative Retirement System, 
and the Local Governmental Employees' Retirement System, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 1150, a bill to conform the law governing setoffs with the law governing the 
recovery of premiums owed insurers as recommended by the Legislative Research 
Commission's Committee on Insurance and Insurance-Related Issues, with a 
favorable report. 

S.B. 1151, a bill to lessen the requirement of insurance companies to maintain 
trust accounts or obtain letters of credit or guaranty bonds as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues, with a favorable report. 

S.B. 1155, a bill to change the requirement for hospital reimbursement in 
workers' compensation cases, with a favorable report. 

S.B. 1201, a bill to permit the Lumberton Firemen's Supplementary Pension 
Fund to increase the monthly benefits to its members, with a favorable report. 

S.B. 1204, a bill to increase the monthly pension payments for qualified firemen 
and eligible rescue squad workers, with a favorable report. 

On motion of Senator Rand, the bill is re-referred to the Appropriations 
Committee. 



May 22, 1996 



1996] SENATE JOURNAL 37 

RECALL FROM CLERK'S OFFICE 

H.B. 1074, a bill to prohibit the issuance of new shellfish cultivation leases in 
Core Banks, to establish a moratorium on shellfish leases in the remaining area in 
Carteret County, and to require that the Joint Legislative Commission on Seafood 
and Aquaculture study the shellfish lease program, ordered held in the Office of 
the Principal Clerk on May 20. 

Senator Albertson offers a motion the rules be suspended to the end the bill be 
taken from the Office of the Principal Clerk and placed before the Senate for 
immediate consideration upon its passage, which motions prevail with unanimous 
consent. 

The Chair recalls the bill from the Principal Clerk's Office. 

REPORT OF COMMITTEE (Continued) 

By Senator Sherron for the Finance Committee: 

S.B. 1128 (Committee Substitute), a bill to establish the Clean Water Manage- 
ment Trust Fund and a board of trustees to administer the Fund, to provide tax 
credits for certain efforts to clean up or prevent surface water pollution, and to 
provide that a certain percentage of General Fund reversions shall be appropriated 
to fund the Clean Water Management Trust Fund, with a favorable report, as 
amended. 

Pursuant to Rule 45.1, the Committee Substitute bill is placed before the Senate 
for immediate consideration and Committee Amendment No. 1 is adopted. 

On motion of Senator Sherron, the Chair orders, with unanimous consent, the 
rules suspended and the Committee Substitute bill, as amended, re-referred to the 
Appropriations Committee, without engrossment. 

RECALL FROM CLERK'S OFFICE (Continued) 

H.B. 1074, a bill to prohibit the issuance of new shellfish cultivation leases in 
Core Banks, to establish a moratorium on shellfish leases in the remaining area in 
Carteret County, and to require that the Joint Legislative Commission on Seafood 
and Aquaculture study the shellfish lease program, ordered recalled earlier from 
the Office of the Principal Clerk. 

The Principal Clerk presents the bill to the President of the Senate who places 
it before the Senate for immediate consideration upon its passage. 

The bill passes its second (50-0) and third readings and is ordered enrolled. 

REPORT OF COMMITTEE (Continued) 

By Senator Perdue for the Appropriations Committee: 

S.B. 1139 (Committee Substitute), a bill to implement the recommendation of 
the Joint Legislative Education Oversight Committee to implement the State 
Board of Education's ABC's plan in order to establish an accountability model for 
the public schools to improve student performance and increase local flexibility and 
control, to make conforming changes, and to make an appropriation, with a 
favorable report, as amended. 



May 22, 1996 



38 SENATE JOURNAL [Second Session 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Carpenter and Foxx: 

S.B. 1242, a bill to repeal the motor vehicle safety inspection. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Allran: 

S.B. 1243, a bill to establish a no-wake zone on a portion of Lake Hickory. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Albertson: 

S.B. 1244, a bill to grant the Town of Wallace a temporary exemption from the 
total amount of noncontiguous territory that may be annexed. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Albertson: 

S.B. 1245, a bill concerning the definition of subdivision for the Town of Rose 
Hill. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Hartsell: 

S.B. 1246, a bill to repeal a section of the Charter of the Town of Landis 
relating to ABC in conflict with general law. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Kerr: 

S.B. 1247, a bill to appropriate funds to the Rural Economic Development 
Center, Inc., to extend sewer lines to northern Wayne County. 
Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 1248, a bill to appoint persons to various public offices upon the 
recommendation of the President Pro Tempore of the Senate. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Rand: 

S.B. 1249, a bill to appoint persons to various public offices upon the 
recommendation of the President Pro Tempore of the Senate. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Horton, Hoyle, Kerr, Martin of Pitt, Rand, Smith, and Carpenter: 
S.B. 1250, a bill to require all vehicle registration offices of the Division of 
Motor Vehicles to be operated by a contract agent. 
Referred to Transportation Committee. 

By Senators Martin of Pitt, Hoyle, Albertson, Perdue, and Kerr: 
S.B. 1251, a bill to appropriate funds to the Department of Environment, 
Health, and Natural Resources for the Adopt-A-Trails Program. 
Referred to Appropriations Committee. 



May 22, 1996 



1996] SENATE JOURNAL 39 

By Senators Kincaid, Kerr, Warren, and Soles: 

S.B. 1252, a bill to make technical corrections in the 1995 workers' compensa- 
tion insurance loss costs rating laws. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Kincaid, Kerr, Warren, Soles, and Carpenter: 
S.B. 1253, a bill to conform the penalty for workers' compensation fraud to the 
penalty for insurance fraud and to raise the penalties for certain other workers' 
compensation offenses from Class 1 misdemeanors to Class H felonies. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Sherron, Plyler, Parnell, Speed, Gulley, Ballance, Blackmon, Conder, 
Plexico, Hobbs, and Warren: 

S.B. 1254, a bill to provide coverage for acupuncture services under the North 
Carolina Teachers' and State Employees' Comprehensive Major Medical Plan. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senators Hoyle and Carpenter: 

S.B. 1255, a bill to transfer the Rail Safety Section from the Utilities Com- 
mission to the Department of Transportation and to direct the Secretary of 
Transportation to study the need for continuation of the Rail Safety Inspection 
Program. 

Referred to Transportation Committee. 

By Senators Hoyle and Carpenter: 

S.B. 1256, a bill to enact the Overhead High- Voltage Line Safety Act as recom- 
mended by the Joint Legislative Utility Review Committee. 
Referred to Commerce Committee. 

By Senators Plyler, Martin of Pitt, Martin of Guilford, Odom, Rand, Ballance, 
Warren, and Perdue: 

S.B. 1257, a bill to make conforming changes to implement budget adjustments 
and allocations. 

Referred to Judiciary II/Election Laws Committee. 

By Senator Plyler: 

S.B. 1258, a bill to appropriate funds to the Museum of the New South, Inc., a 
nonprofit corporation, for capital improvements. 
Referred to Appropriations Committee. 

By Senators Plyler, Martin of Pitt, Martin of Guilford, Odom, Rand, Perdue, 
Warren, and Ballance: 

S.B. 1259, a bill to make certain changes in the Constitution for implementing 
budget adjustments and allocations. 

Referred to Judiciary I/Constitution Committee. 

By Senators Ballantine, Rand, and Gulley: 

S.B. 1260, a bill to raise the foreclosure filing fees. 

Referred to Finance Committee. 



May 22, 1996 



40 SENATE JOURNAL [Second Session 

By Senators Ballantine, McDaniel, and Page: 

S.B. 1261, a bill to provide for an indefinite civil suspension of a drivers license 
when a driver is charged with an impaired driving offense while another impaired 
driving offense is pending disposition. 

Referred to Judiciary I/Constitution Committee. 

By Senators Ballantine, McDaniel, Blackmon, Carrington, Hoyle, and Horton: 
S.B. 1262, a bill to exempt from sales tax audiovisual master tapes used in the 
motion picture, television, and audio production industries. 
Referred to Finance Committee. 

By Senator Ballance: 

S.B. 1263, a bill to prohibit hunting from the right-of-way of public roads in 
Northampton County. 
Referred to Judiciary II/Election Laws Committee. 

By Senator Ballance: 

S.B. 1264, a bill to appropriate funds for the Roanoke-Chowan Narcotics Task 
Force. 
Referred to Appropriations Committee. 

REPORT TO GENERAL ASSEMBLY 

A Commission directed to report to the General Assembly submits a report 
{see Addendum) which is ordered placed on file in the Legislative Library, as 
follows: 

Pursuant to G.S. 143-577, the North Carolina Child Fatality Task Force submits 
its report "Our Children, Our Future, Our Responsibility." 

On motion of Senator Soles, Deputy President Pro Tempore, seconded by 
Senator McDaniel, the Senate adjourns at 1:56 P.M. to meet tomorrow, Thursday, 
May 23, at 10:00 A.M. 



ONE HUNDRED SEVENTEENTH DAY 

Senate Chamber 
Thursday, May 23, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our Father, as we come before You today, we would not weary You with our 
constant petitions. 



May 23, 1996 



1996] SENATE JOURNAL 41 

"All of us would admit that there are some days our work loads seem insur- 
mountable and we would like our calendars to be less full. 

"Today, though, we thank You for the lessons to be learned and for the work to 
be done. By Your Grace, may we apply ourselves wholeheartedly to both. 

"For we can do all things through You who strengthens us! Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator Edwards, to Senator Gulley who is out of the State, and to Senator 
Warren who is attending the Governor's press conference on the Global TransPark. 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yester- 
day, Wednesday, May 22, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Nady Cates of 
Durham, who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 1074, an act to prohibit the issuance of new shellfish cultivation leases in 
Core Banks, to establish a moratorium on shellfish leases in the remaining area in 
Carteret County, and to require that the Joint Legislative Commission on Seafood 
and Aquaculture study the shellfish lease program. (Ch. 547) 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Soles: 

S.B. 1265, a bill to appropriate funds for the North Carolina Future Farmers of 
America Center. 
Referred to Appropriations Committee. 

By Senators Warren and Martin of Pitt: 

S.B. 1266, a bill to allow Pitt County to acquire property for use by its County 
Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Ballantine: 

S.B. 1267, a bill to add New Hanover County to those counties in which a 
tenant's refusal to perform a contract for the rental of land is grounds for dispos- 
session. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Ballantine: 

S.B. 1268, a bill to allow New Hanover County to acquire property for use by 
its County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 



May 23, 1996 



42 SENATE JOURNAL [Second Session 

By Senator Soles: 

S.B. 1269, a bill to appropriate funds to the Department of Community Colleges 
for the Bladen Center for Swine Management, Meat Processing, and Environ- 
mental Protection at the Bladen Community College. 

Referred to Appropriations Committee. 

By Senators Hoyle and Kerr: 

S.B. 1270, a bill to authorize the Department of Transportation to establish 
speed limits up to seventy miles per hour on designated parts of controlled access 
highways. 

Referred to Transportation Committee. 

By Senators Hoyle and Plexico: 

S.B. 1271, a bill to reduce the corporate income tax from seven and three- 
fourths percent to six and three-fourths percent over a four-year period. 
Referred to Finance Committee. 

By Senators Hoyle, Rand, Cooper, Martin of Pitt, Ballance, Forrester, Carpenter, 
East, Davis, Page, Smith, Warren, McKoy, Plyler, Ledbetter, Speed, Kincaid, 
Cochrane, Ballantine, McDaniel, Hartsell, Horton, Simpson, Edwards, Allran, 
Conder, Albertson, Sherron, Little, Soles, Perdue, Carrington, Clark, Plexico, 
Gulley, and Hobbs: 

S.B. 1272, a bill to modify the sales and use tax treatment of cellular telephones 
and other items sold in connection with commercial mobile radio service. 

Referred to Finance Committee. 

By Senators Hoyle and Carpenter: 

S.B. 1273, a bill to implement the recommendations of the performance audit of 
the Division of Motor Vehicles of the Department of Transportation. 
Referred to Transportation Committee. 

By Senators Horton, Odom, Plexico, Blackmon, Perdue, and Cooper: 

S.B. 1274, a bill to appropriate funds for the Recycling Business Assistance 

Center within the Department of Environment, Health, and Natural Resources, as 

recommended by the Environmental Review Commission. 
Referred to Appropriations Committee. 

By Senators Kerr, Gulley, Hoyle, Martin of Pitt, Jordan, Martin of Guilford, 
Warren, Albertson, Rand, Forrester, Conder, Parnell, Soles, Blackmon, Odom, 
Plexico, Hobbs, McDaniel, Ballantine, Allran, and Plyler: 

S.B. 1275, a bill to provide incentives for high quality jobs and business expan- 
sion in North Carolina. 

Referred to Finance Committee. 

By Senators Kerr, Conder, Cooper, Hartsell, Hobbs, Little, Rand, Simpson, 
Odom, Plexico, and McKoy: 

S.B. 1276, a bill to appropriate funds for capital improvements at the Institute of 
Government. 

Referred to Appropriations Committee. 



May 23, 1996 



1996] SENATE JOURNAL 43 

By Senator Kerr: 

S.B. 1277, a bill to authorize the continued operation of certain unlined munici- 
pal solid waste landfills, as recommended by the Joint Legislative Administrative 
Procedure Oversight Committee. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Jordan, Albertson, and Ballantine: 

S.B. 1278, a bill to allow the City of Jacksonville to require sidewalk improve- 
ments through the site plan review process under the authority of the city zoning 
ordinance. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Jordan and Albertson: 

S.B. 1279, a bill to extend the Beaver Damage Control Program and to add 
Jones County to that Program. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Pitt, Cooper, and Speed: 

S.B. 1280, a bill to permit one-stop voting on direct record voting equipment in 
Wilson County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Pitt, Albertson, Odom, and Speed: 
S.B. 1281, a bill to increase uniform jail fees and make those fees mandatory as 
part of all sentences unless the judge orders otherwise. 
Referred to Finance Committee. 

By Senators Martin of Pitt and Warren: 

S.B. 1282, a bill to allow Martin County to acquire property for use by its 
County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Pitt and Warren: 

S.B. 1283, a bill to appropriate funds to the Department of Environment, 
Health, and Natural Resources, Division of Forest Resources, to provide an assis- 
tant county ranger in Pitt County. 

Referred to Appropriations Committee. 

By Senators Plyler, Hoyle, Ballantine, Odom, Kincaid, Conder, Rand, Kerr, 
Perdue, Sherron, Parnell, Hobbs, Jordan, Cooper and Warren: 

S.B. 1284, a bill to modify the State ports tax credit by expanding it to include 
forest products. 

Referred to Finance Committee. 

By Senators Blackmon, Horton, Plexico, Albertson, Odom, and Carpenter: 
S.B. 1285, a bill to increase the maximum fees that the Environmental Manage- 
ment Commission may charge for permits and compliance monitoring under the 
Water Quality Program and to increase the maximum percentage of the total 
budgets of certain environmental programs that may be derived from fees from 
thirty to fifty percent, as recommended by the Environmental Review Commission. 
Referred to Finance Committee. 



May 23, 1996 



44 SENATE JOURNAL [Second Session 

By Senators Blackmon, Horton, Plexico, Albertson, Odom, Cooper, and 
Carpenter: 

S.B. 1286, a bill to expand the membership of the Forestry Council of the 
Department of Environment, Health, and Natural Resources and redefine its 
responsibilities, as recommended by the Environmental Review Commission. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Winner, Dannelly, Blackmon, and Odom: 
S.B. 1287, a bill to appropriate funds to establish a Legislative Research Com- 
mission Study on improving the Small Cities Block Grant Program. 
Referred to Appropriations Committee. 

By Senators Winner, Allran, Cooper, Martin of Guilford, and Martin of Pitt: 
S.B. 1288, a bill recommended by the Child Fatality Task Force to extend the 
Task Force until 1999. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Gulley, Warren, Perdue, Hartsell, Plexico, Little, and Carpenter: 
S.B. 1289, a bill to appropriate funds to assist approved charter schools to meet 
their start-up costs. 
Referred to Appropriations Committee. 

By Senators Gulley, East, and Lucas: 

S.B. 1290, a bill to appropriate funds to the Granville County Board of County 
Commissioners for construction of a new cemetery in Butner. 
Referred to Appropriations Committee. 

By Senators Gulley and Cooper: 

S.B. 1291, a bill to reclassify or change the penalties for various criminal 
offenses as recommended by the North Carolina Sentencing and Policy Advisory 
Commission. 

Referred to Judiciary H/Election Laws Committee. 

By Senator Gulley: 

S.B. 1292, a bill to clarify the maximum period of time a juvenile may be com- 
mitted in accordance with the Structured Sentencing Act as recommended by the 
Sentencing and Policy Advisory Commission. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley and Cooper: 

S.B. 1293, a bill to include prior impaired driving convictions in felony prior 
record level calculation as recommended by the North Carolina Sentencing and 
Policy Advisory Commission. 

Referred to Judiciary II/Election Laws Committee. 

By Senators Gulley, Hoyle, Horton, Kerr, Martin of Pitt, Rand, Smith, and 
Speed: 

S.B. 1294, a bill to conform the motor vehicle laws to the federal deregulation 
of trucking and to make technical changes to the motor vehicle laws. 

Referred to Transportation Committee. 



May 23, 1996 



1996] SENATE JOURNAL 45 

By Senators Odom, Speed, Parnell, Ballance, Sherron, Simpson, East, and 
Winner: 

S.B. 1295, a bill to clarify eligibility under the Salary Continuation Plan for 
employees of the Department of Correction. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom, Speed, Parnell, Winner, Plexico, Simpson, East, Ballance, 
and Shaw: 

S.B. 1296, a bill to extend the regular period of post-release supervision from six 
to nine months, to extend the period of post-release supervision to five years for 
sex offenders and to provide for special conditions of post-release supervision for 
sex offenders and persons convicted of offenses involving physical, mental, or 
sexual abuse of minors 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom, Speed, Parnell, Winner, Plexico, Simpson, East, Ballance, 
and Shaw: 

S.B. 1297, a bill to provide for mandatory conditions of probation for sex 
offenders and persons convicted of offenses involving physical, mental, or sexual 
abuse of children. 

Referred to Judiciary I/Constitution Committee. 

By Senators Odom, Conder, Plyler, Hobbs, Jordan, Blackmon, Horton, Winner, 
Dannelly, Plexico, and Hartsell: 

S.B. 1298, a bill to change the civil penalties that may be assessed against certain 
license holders for emissions inspections based on whether the vehicle was inten- 
tionally improperly passed inspection and to change the provisions regarding the 
suspension or revocation of licenses to provide for notice and hearing, as recom- 
mended by the Environmental Review Commission. 

Referred to Transportation Committee. 

By Senators Plexico, Ballantine, Hoyle, Jordan, Hobbs, Blackmon, Winner, 
Conder, Edwards, Rand, Sherron, Hartsell, Cooper, Davis, and Martin of Pitt: 

S.B. 1299, a bill to establish the Wetlands Restoration Program and Fund and to 
appropriate funds to implement the Program. 

Referred to Appropriations Committee. 

By Senators Plexico, Winner, Hobbs, Hoyle, Conder, Jordan, Edwards, Rand, 
Sherron, Cooper, Davis, Hartsell, and Martin of Pitt: 
S.B. 1300, a bill to appropriate funds for the public schools. 
Referred to Appropriations Committee. 

By Senators Hartsell, Plexico, and Martin of Pitt: 

S.B. 1301, a bill to make various technical amendments to the General Statutes 
as recommended by the General Statutes Commission. 
Referred to Judiciary II/Election Laws Committee. 

By Senators Forrester, East, Davis, Conder, Cochrane, Clark, Smith, Ledbetter, 
Blust, McDaniel, Ballantine, Webster, Allran, Carpenter, Page, McKoy, Speed, 
Hoyle, Horton, Kincaid, Kerr, and Blackmon: 

S.B. 1302, a bill to provide that marriages contracted outside of this State 
between persons of the same gender are not valid in Iredell County. 

Referred to Local Government and Regional Affairs Committee. 



May 23, 1996 



46 SENATE JOURNAL [Second Session 

By Senators Forrester, Perdue, Parnell, and Carpenter: 
S.B. 1303, a bill to authorize medical savings account plans the contributions to 
which are deductible from State taxes under certain circumstances. 
Referred to Finance Committee. 

COURTESIES 

The Sergeant-at-Arms announces visiting dignitaries from the Belarusian 
Supreme Soviet are at the door and await the pleasure of the Senate. 

With unanimous consent, on motion of Senator Rand, privileges of the floor are 
extended and the President recognizes Senator Basnight, President Pro Tempore, 
who appoints Senator Horton of Forsyth, Senator Lucas of Durham, Senator 
Hobbs of Moore, Senator Hartsell of Cabarrus, Senator Forrester of Gaston, 
Senator Cochrane of Davie, and Senator Rand of Cumberland to escort the digni- 
taries from the Belarusian Supreme Soviet to the Well of the Senate. The guests 
are received with a standing ovation. 

Senator Rand presents the Honorable Semyon Georgivich Sharetsky, Speaker of 
the Supreme Soviet of Belarus to the President of the Senate who recognizes the 
Speaker to address the Senate. Through an interpreter, he cites their difficulties 
establishing a democracy, the continuing effects of the Chernobal disaster to liqui- 
date, and entering the international market as problems facing this new country. 
The Members respond to his remarks with a standing ovation. 

The President of the Senate directs welcoming remarks to Speaker Sharetsky and 
presents him with a North Carolina State Flag. Speaker Sharetsky thanks the 
President and Senators, and presents the Senate with a gift of a straw doll, approx- 
imately eight inches tall depicting traditional Russian dress. The President accepts 
the gift on behalf of the Senate and recognizes the committee to escort the guests 
from the Chamber who depart to a standing ovation. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 1201, a bill to permit the Lumberton Firemen's Supplementary Pension 
Fund to increase the monthly benefits to its members. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1139 (Committee Substitute), a bill to implement the recommendation of 
the Joint Legislative Education Oversight Committee to implement the State 
Board of Education's ABC's plan in order to establish an accountability model for 
the public schools to improve student performance and increase local flexibility and 
control, to make conforming changes, and to make an appropriation. 

With unanimous consent, on motion of Senator Winner, consideration of the 
Committee Substitute bill is postponed until the last order of business. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 



May 23, 1996 



1996] SENATE JOURNAL 47 

By Senator Sherron for the Finance Committee: 

S.B. 1179, a bill to provide a grace period for military personnel to list and pay 
property taxes after deployment in connection with Operation Joint Endeavor, with 
a favorable report. 

S.B. 1180, a bill to require local governments to account for 911 surcharges in 
their annual financial statements, with a favorable report. 

S.B. 1107, a bill to appropriate funds to the Department of Revenue so that 
North Carolina may facilitate the withholding of State income taxes from federal 
pension checks for retirees who request withholding, with a favorable report, as 
amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consid- 
eration and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the 
Appropriations Committee. 

S.B. 250, a bill to provide federal retirees refunds in five annual installments, 
without interest, for income tax paid on their retirement benefits for tax years 1985 
through 1988, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Sherron, the proposed Committee Substitute bill 6661, 
which changes the title to read S.B. 250 (Committee Substitute), a bill to provide 
Federal retirees tax credits and partial refunds to reimburse them for North 
Carolina income tax they paid on their retirement benefits for tax years 1985 
through 1988, is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

The Chair recognizes Senator Rand who offers a motion to suspend the rules to 
the end the bill filing deadline as set by Resolution 15, Section 1(3) be extended 
until May 28 at 4:00 P.M. due to computer malfunction. The Chair takes the 
motion under advisement. 

Upon the appearance of Senator Warren in the Chamber, the Chair acknowledges 
his presence and the leave of absence granted previously is withdrawn. 

CALENDAR (Continued) 

S.B. 1150, a bill to conform the law governing setoffs with the law governing the 
recovery of premiums owed insurers as recommended by the Legislative Research 
Commission's Committee on Insurance and Insurance-Related Issues. 

The bill passes its second (47-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 1151, a bill to lessen the requirement of insurance companies to maintain 
trust accounts or obtain letters of credit or guaranty bonds as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. 



May 23, 1996 



48 SENATE JOURNAL [Second Session 

With unanimous consent, on motion of Senator Soles, consideration of the bill is 
postponed until Tuesday, May 28. 

S.B. 1155, a bill to change the requirement for hospital reimbursement in 
workers' compensation cases. 

With unanimous consent, on motion of Senator Kerr, the Chair orders, the bill 
temporarily displaced. 

H.B. 1088, a bill to change the requirement for hospital reimbursement in 
workers' compensation cases. 
The bill passes its second (48-0) and third readings and is ordered enrolled. 

S.B. 1155, a bill to change the requirement for hospital reimbursement in 
workers' compensation cases, temporarily displaced earlier. 

With unanimous consent, on motion of Senator Kerr, further consideration of 
the bill is postponed until Thursday, May 30. 

S.B. 1139 (Committee Substitute), a bill to implement the recommendation of 
the Joint Legislative Education Oversight Committee to implement the State 
Board of Education's ABC's plan in order to establish an accountability model for 
the public schools to improve student performance and increase local flexibility and 
control, to make conforming changes, and to make an appropriation. 

On motion of Senator Perdue, Committee Amendment No. 1 is adopted. 

Senator Little offers Amendment No. 2 which is adopted (46-0). 

The Committee Substitute bill, as amended, passes its second reading (48-0). 

Senator Shaw objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for Monday, May 27, for 
further consideration upon third reading. 

MOTION UNDER ADVISEMENT 

With no amendment to Resolution 15 extending the bill filing deadline, after 
conferring with the President of the Senate, Senator Rand withdraws his motion to 
suspend the rules. 

On motion of Senator Basnight, seconded by all Members present, the Senate 
adjourns at 11:50 A.M. in honor and respect for those who gave the supreme 
sacrifice in defending our Country, and our people, and our principles and to all 
who have served in the United Forces of our Country to meet on Memorial Day, 
Monday, May 27, at 7:00 P.M. 



ONE HUNDRED EIGHTEENTH DAY 

Senate Chamber 
Monday, May 27, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 



May 27, 1996 



1996] SENATE JOURNAL 49 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, quoting 
Cartherine Parmenter and Arthur Ashe, as follows: 

Under the crosses white on a foreign meadow 

mute they are lying who marched in the spring-sweet sun. 

Nothing is here of the life, the joy, the loving, 
before a war was won. 

"Today in the Senate, O Lord, we honor in memory those who died while 
serving our Country during wartime. 

"They taught us that 'True heroism is remarkably sober — most times very undra- 
matic. It is not the urge to surpass all others at whatever the cost, but the urge 
to serve others at whatever cost.' 

"They served us well. It is in their memory and to Your Glory we pray. 
Amen." 

With unanimous consent, the President grants a leave of absence for tonight to 
Senator Hobbs. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
May 23, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Milton D. 
Quigless, Jr. of Raleigh, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Winner for the Education/Higher Education Committee: 

S.B. 1161, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to implement and monitor the plan for the 
transfer of credits between North Carolina institutions of higher education, with a 
favorable report. 

S.B. 1114, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to change the composition of the Professional 
Teaching Standards Commission so that teachers have a majority, to expand the 
authority of the Professional Teaching Standards Commission, and to establish a 
Professional Practices Board, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Winner, the proposed Committee Substitute bill 2719 is 
placed before the Senate for immediate consideration, and on her further motion 
is adopted. 

With unanimous consent, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 



May 27, 1996 



50 SENATE JOURNAL [Second Session 

By Senator Sherron for the Finance Committee: 

S.B. 1165, a bill to allow counties to electronically remove a vehicle registration 
tax block upon full payment of property taxes, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Committee Substitute bill 1806, which changes the title to read, S.B. 1165 
(Committee Substitute), a bill to allow counties to remove vehicle registration tax 
block upon full payment of property taxes, is placed before the Senate for 
immediate consideration. 

On motion of Senator Sherron, the Committee Substitute bill is adopted, and on 
his further motion the Committee Substitute bill is placed on the Calendar for 
tomorrow, May 28, for further consideration. 

ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing a bill previously 
introduced: 

Senators Odom, Blackmon, Dannelly, and Winner: 

S.B. 1258, a bill to appropriate funds to the Museum of the New South, Inc., a 
nonprofit corporation, for capital improvements. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Cochrane, East, Davis, Webster, Carpenter, Ledbetter, Clark, 
Hartsell, Simpson, Blust, Horton, McDaniel, Carrington, Ballantine, Foxx, Smith, 
Allran, Page, Forrester, Shaw, Little, and Plexico: 

S.B. 1304, a bill to phase out over four years the four percent State sales tax on 
food and reduce the size of State government by authorizing the Governor to 
freeze hiring for State employees other than education, public safety, public health, 
and other appropriate positions. 

Referred to Finance Committee. 

By Senators Speed, Odom, Parnell, Ballance, Plexico, Sherron, Winner, Soles, 
Cooper, Dannelly, Smith, Warren, Gulley, Albertson, Kerr, Martin of Pitt, 
Carpenter, McDaniel, Forrester, Lucas, Perdue, Conder, Rand, Shaw, Simpson, 
Martin of Guilford, Davis, Kincaid, and Plyler: 

S.B. 1305, a bill to authorize the Department of Correction to reimburse local 
confinement facilities for the expenses of maintaining inmates pending transfer to 
the State prison system. 

Referred to Appropriations Committee. 

By Senators Speed, Cooper, Warren, Martin of Pitt, Ballantine, Albertson, and 
Simpson: 

S.B. 1306, a bill to appropriate funds to the Department of Agriculture for 
control of the sweet potato weevil. 

Referred to Appropriations Committee. 



May 27, 1996 



1996] SENATE JOURNAL 51 

By Senators Speed, Cooper, and Martin of Pitt: 

S.B. 1307, a bill to allow Wilson County to acquire property for use by its 
County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Blackmon: 

S.B. 1308, a bill to authorize administrative search warrants to be served at 
hours other than between 8:00 A.M. and 8:00 P.M. when there is probable cause 
to believe that the activity that justifies the administrative search warrant will occur 
at other hours, as recommended by the Environmental Review Commission. 

Referred to Judiciary I/Constitution Committee. 

By Senators Cooper, Gulley, Perdue, Martin of Pitt, Albertson, Hoyle, Rand, 
Kerr, Winner, Dannelly, Martin of Guilford, Conder, Plyler, Odom, Warren, 
Plexico, Sherron, Hobbs, and Speed: 

S.B. 1309, a bill to create a new felony offense of assault inflicting serious bodily 
injury as recommended by the North Carolina Sentencing and Policy Advisory 
Commission. 

Referred to Judiciary I/Constitution Committee. 

By Senators Cooper, Odom, Perdue, and Martin of Pitt: 

S.B. 1310, a bill to appropriate funds to continue the technical assistance, 
training, and public awareness programs under the Mining Act of 1971 and the 
Sedimentation Pollution Control Act of 1973, as recommended by the Environ- 
mental Review Commission. 

Referred to Appropriations Committee. 

By Senators Cooper and Perdue: 

S.B. 1311, a bill to appropriate funds to provide diagnostic and treatment 
services for children with craniofacial anomalies including cleft lip/palate. 
Referred to Appropriations Committee. 

By Senators Cooper and Hartsell: 

S.B. 1312, a bill to authorize the establishment of local public health authorities, 
as recommended by the North Carolina Public Health Commission. 
Referred to Children and Human Resources Committee. 

By Senator Ballantine: 

S.B. 1313, a bill to incorporate the Town of Castle Hayne, subject to a 
referendum. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Horton, Odom, Plexico, Blackmon, and Cooper: 
S.B. 1314, a bill to improve water quality by establishing a goal to reduce the 
average load of nitrogen delivered to the Neuse River Estuary from point and 
nonpoint sources by thirty percent of the average annual load for the period 1991 
through 1995 by the year 2001 and to require the Environmental Management 
Commission to develop a plan to achieve this goal, as recommended by the 
Environmental Review Commission. 
Referred to Agriculture/Environment/Natural Resources Committee. 



May 27, 1996 



52 SENATE JOURNAL [Second Session 

By Senator Perdue: 

S.B. 1315, a bill to appropriate funds to the Department of Agriculture for the 
purchase of the Town Creek Property Site for the expansion of the North Carolina 
Maritime Museum. 

Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 1316, a bill to appoint persons to various public offices upon the recom- 
mendation of the President of the Senate. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Blackmon, Kerr, Odom, Albertson, Horton, Plexico, Cooper, and 
Smith: 

S.B. 1317, a bill to provide for the continued solvency of the Commercial 
Leaking Petroleum Underground Storage Tank Cleanup Fund and to make other 
changes to the Leaking Petroleum Underground Storage Tank Cleanup Program, 
as recommended by the Environmental Review Commission. 

Referred to Finance Committee. 

By Senators Horton, Odom, Plexico, Blackmon, and Cooper: 
S.B. 1318, a bill to establish a nonregulatory program to protect water quality 
and to create the Riparian Buffer Facilitation and Assistance Grant Fund to 
sustain water quality in the State through cooperative methods, as recommended 
by the Environmental Review Commission. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Foxx: 

S.B. 1319, a bill to allow the City of Reidsville to delay the effective date of 
annexations as to a specified tract and to exempt the annexation of Two City Lakes 
from the ceiling on satellite annexations. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Conder: 

S.B. 1320, a bill to establish a Citizen Water Quality Monitoring Program in the 
Department of Environment, Health, and Natural Resources. 
Referred to Appropriations Committee. 

By Senator Conder: 

S.B. 1321, a bill concerning Hinson Lake Dam in the City of Rockingham. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Sherron, Foxx, Blackmon, McKoy, Webster, Kerr, Hoyle, Martin of 
Pitt, Albertson, Rand, Warren, Perdue, Cochrane, Plyler, Parnell, Smith, and 
Ballance: 

S.B. 1322, a bill to require the State Building Code Council to submit proposed 
amendments to the Residential Building Code to the Rules Review Commission 
for approval and to subject the amendments approved by the Rules Review 
Commission to legislative disapproval. 

Referred to Judiciary I/Constitution Committee. 



May 27, 1996 



1996] SENATE JOURNAL 53 

By Senators Sherron, McDaniel, Foxx, McKoy, Blackmon, Webster, Kerr, 
Hoyle, Martin of Pitt, Albertson, Warren, Cochrane, Parnell, Smith, Plyler, and 
Ballance: 

S.B. 1323, a bill to specifically disapprove proposed administrative rules by the 
North Carolina Substance Abuse Professionals Certification Board that have been 
approved by the Rules Review Commission. 

Referred to Judiciary I/Constitution Committee. 

By Senators Sherron, McDaniel, Foxx, McKoy, Blackmon, Webster, Kerr, Hoyle, 
Martin of Pitt, Albertson, Warren, Rand, Cochrane, Parnell, Ballance, Smith, and 
Plyler: 

S.B. 1324, a bill to make changes in the Administrative Procedure Act, to make 
changes in various laws granting the power to adopt rules, and to clarify the 
requirements concerning certain removals of underground storage tanks, as 
recommended by the Administrative Procedure Oversight Committee. 

Referred to Finance Committee. 

By Senator Hoyle: 

S.B. 1325, a bill to provide for legislative confirmation of certain executive 
appointments and to change the composition, appointments, and terms of various 
boards, commissions, and authorities within State government. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Rand, Winner, Martin of Guilford, Perdue, Hoyle, Cooper, Warren, 
Martin of Pitt, Albertson, Dannelly, Plyler, Conder, Plexico, Jordan, Hobbs, Odom, 
Parnell, Lucas, Ballance, Speed, Soles, and Little: 

S.B. 1326, a bill to improve educational opportunities for North Carolinians 
attending community colleges and to make an appropriation. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the to Appropriations Committee. 

By Senators Rand, Albertson, Perdue, Hoyle, Cooper, Odom, and Warren: 
S.B. 1327, a bill to establish a Scientific Advisory Council on Water Resources 

and Coastal Fisheries Management in the Department of Environment, Health, 

and Natural Resources. 
Referred to Appropriations Committee. 

By Senators Cooper, Odom, Blackmon, Plexico, and Horton: 
S.B. 1328, a bill to implement phase one of the restructuring of environmental 
programs in the Department of Environment, Health, and Natural Resources and 
to make conforming statutory changes, as recommended by the environmental 
process action team of the Department of Environment, Health, and Natural 
Resources and to make clarifying, conforming, and technical amendments to 
various laws relating to environment, health, and natural resources, as recom- 
mended by the Environmental Review Commission. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Foxx, McDaniel, Carrington, Ballantine, Horton, Cochrane, Blust, 
Smith, Kincaid, Simpson, Shaw, Ledbetter, Clark, Page, Sherron, Hoyle, Hartsell, 
Blackmon, Allran, Carpenter, East, Little, McKoy, Davis, Forrester, and Webster: 

S.B. 1329, a bill to sunset any administrative rule adopted under Chapter 150B 
of the General Statutes ten years after the rule became effective. 



May 27, 1996 



54 SENATE JOURNAL [Second Session 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senators Martin of Guilford, Blust, and Shaw: 

S.B. 1330, a bill to incorporate the Town of Sedalia. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Martin of Guilford: 

S.B. 1331, a bill recommended by the Study Commission on Welfare Reform to 
continue the Study of Welfare Reform and report to the General Assembly. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Martin of Guilford, Ballance, Carpenter, Cooper, Perdue, Plyler, 
Speed, Warren, Shaw, Dannelly, Lucas, Forrester, Winner, Martin of Pitt, 
Albertson, Hoyle, Kerr, Rand, Odom, Hobbs, Conder, Ledbetter, Clark, Jordan, 
Plexico, Parnell, Sherron, and Soles: 

S.B. 1332, a bill to appropriate funds to provide the additional independent 
living rehabilitation service offices and staff necessary to enable the Independent 
Living Rehabilitation Program to serve all the counties of North Carolina. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Soles, Parnell, and Sherron: 
S.B. 1333, a bill to appropriate funds for child care for low-income working 
families. 
Referred to Appropriations Committee. 

By Senators Martin of Guilford, Cooper, Dannelly, Forrester, and Cochrane: 
S.B. 1334, a bill recommended by the Blue Ribbon Task Force on the Issue of 

the Potential Impact of Federal Block Grant Funding and other federal actions on 

Medicaid in North Carolina to extend the study. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Davis, Perdue, Hartsell, Carpenter, Hoyle, Webster, Allran, McKoy, 
Lucas, Winner, Clark, Cochrane, Plexico, Conder, and Little: 

S.B. 1335, a bill to allow local boards of education to obtain refunds of sales and 
use taxes. 

Referred to Finance Committee. 

By Senators Davis, Carpenter, Martin of Pitt, Hoyle, McKoy, Perdue, Hartsell, 
Little, East, Webster, Gulley, Allran, Cochrane, Winner, Martin of Guilford, Lucas, 
Plexico, Conder, Speed and Perdue: 

S.B. 1336, a bill to provide that it is a Class F felony to abduct a child from any 
person, agency, or institution lawfully entitled to the child's custody as recom- 
mended by the North Carolina Child Fatality Task Force. 

Referred to Judiciary II/Election Laws Committee. 

By Senators McDaniel, Ballantine, Page, McKoy, Carrington, Foxx, Kincaid, 
Clark, Ledbetter, Horton, Blust, Shaw, Blackmon, Little, East, Cochrane, Smith, 
Allran, Hartsell, Carpenter, Forrester, Davis, Webster, and Simpson: 

S.B. 1337, a bill to repeal the increase in the individual income tax enacted in 
1991. 

Referred to Finance Committee. 



May 27, 1996 



1996] SENATE JOURNAL 55 

By Senators McDaniel, Ballantine, Page, McKoy, Carrington, Foxx, Kincaid, 
Clark, Ledbetter, Horton, Blust, Hartsell, Blackmon, Smith, East, Shaw, Cochrane, 
Allran, Davis, Carpenter, Forrester, Little, Webster, and Simpson: 

S.B. 1338, a bill to repeal the increase in the corporate income tax enacted in 
1991. 

Referred to Finance Committee. 

By Senators McDaniel, Ballantine, Page, Clark, Carrington, Foxx, McKoy, 
Ledbetter, Horton, Blust, Shaw, Blackmon, Smith, East, Cochrane, Hartsell, Little, 
Allran, Carpenter, Forrester, Davis, Webster, and Simpson: 

S.B. 1339, a bill to repeal the increase in the cigarette tax enacted in 1991. 

Referred to Finance Committee. 

By Senators McDaniel, Ballantine, Page, Clark, Carrington, Foxx, Kincaid, 
McKoy, Ledbetter, Horton, Blust, Blackmon, Smith, East, Allran, Hartsell, 
Carpenter, Little, Webster, Forrester, Davis, and Simpson: 

S.B. 1340, a bill to repeal the increase in the sales tax enacted in 1991. 

Referred to Finance Committee. 

By Senators Albertson, Martin of Pitt, Dannelly, Winner, Hoyle, Kerr, Perdue, 
Odom, Hobbs, Conder, Blackmon, Forrester, Cochrane, Rand, Shaw, Smith, 
Cooper, and Warren: 

S.B. 1341, a bill to establish a fisheries research center within the Cooperative 
Institute for Fisheries Oceanography of the University of North Carolina and to 
require that the Department of Environment, Health, and Natural Resources 
create an Emergency Fish Kill Response Team to respond to significant fish kills. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Plexico, Jordan, Odom, Cochrane, Davis, Hoyle, Little, Martin of 
Pitt, Albertson, Blackmon, Kerr, McKoy, Hobbs, Cooper, Warren, Plyler, and 
Speed: 

S.B. 1342, a bill to appropriate funds for the North Carolina Technological 
Development Authority, Inc. 

Referred to Appropriations Committee. 

By Senators Plexico, Horton, Odom, Hoyle, Albertson, Martin of Pitt, Blackmon, 
and Cooper: 

S.B. 1343, a bill to specify that one member of the Environmental Management 
Commission shall have employment experience in industrial air and water pollution 
control at an industrial manufacturing facility, as recommended by the Environ- 
mental Management Commission. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Soles, Conder, and Edwards: 

S.B. 1344, a bill to amend the laws governing Employee Insurance Committees. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senator Perdue, Albertson, Kerr, Odom, Cooper, Martin of Guilford, Hoyle, 
Conder, and Ballance: 

S.B. 1345, a bill to amend Article 21 of Chapter 143 of the General Statutes to 
establish permits and an inspection schedule for specified animal operations and to 



May 27, 1996 



56 SENATE JOURNAL [Second Session 

require enhanced communication including a plan to develop site specific manage- 
ment strategies. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Odom, Albertson, Conder, Martin of Pitt, Perdue, Rand, Cooper, 
and Ballance: 

S.B. 1346, a bill to appropriate funds for the study of water quality and the 
enhancement of environmental education. 

Referred to Appropriations Committee. 

By Senators Odom, Cooper, Martin of Guilford, Conder, Rand, Warren, Perdue, 
Plyler, and Albertson: 

S.B. 1347, a bill to increase funding of the Agriculture Cost Share Program and 
to require that the Program target the additional funds to farmers in the Neuse 
River Basin to reduce water quality problems from nonpoint source pollution. 

Referred to Appropriations Committee. 

By Senators Odom, Blackmon, and Plexico: 

S.B. 1348, a bill to create the Well Contractors and Pump Contractors Certifica- 
tion Commission, to amend the well drillers and pump installers registration 
requirements, and to make various amendments to the Well Construction Act, as 
recommended by the Environmental Review Commission. 

Referred to Finance Committee. 

By Senators Hoyle and Perdue: 

S.B. 1349, a bill to authorize the Department of Transportation to award a 
contract for replacement of the Radio Island railroad trestle on a design-build 
basis. 

Referred to Transportation Committee. 

By Senators Soles: 

S.B. 1350, a bill to amend Insurance Department and Manufactured Housing 
Board civil penalty statutes to conform those statutes with Craven County Board of 
Education v. Boyles et. al, a recent North Carolina Supreme Court decision. 

Referred to Finance Committee. 

By Senators Odom, Albertson, Conder, Martin of Pitt, Perdue, Rand, and 
Ballantine: 

S.B. 1351, a bill to develop riparian buffers to protect water quality and natural 
resources. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Parnell: 

S.B. 1352, a bill to amend the Psychology Practice Act and related statutes. 
Referred to Commerce Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Soles: 

S.B. 1353, a bill to streamline the review of grievances filed by State employees 
and applicants for State employment. 
Referred to Judiciary I/Constitution Committee. 



May 27, 1996 



1996] SENATE JOURNAL 57 

By Senators Little, Davis, Foxx, Hoyle, Conder, Hobbs, Carpenter, Plexico, 
Allran, Hartsell, Cochrane, Smith, Forrester, Albertson, and Rand: 

S.B. 1354, a bill to require the Department of Transportation to obtain the 
approval of a State agency owning land crossed by an unpaved secondary road 
before paving that road. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senators Speed, Cooper, Simpson, and Albertson: 

S.B. 1355, a bill to appropriate funds to the Department of Environment, 
Health, and Natural Resources to fund the Division of Environmental Health to 
implement a waiver program for certain drinking water tests. 

Referred to Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages and special messages received in the Office of the Principal Clerk from 
the House of Representatives transmitting bills are presented to the Senate, read 
the first time, and disposed of, as follows: 

H.B. 1089 (Committee Substitute), a bill to remove language requiring an attor- 
ney's opinion and written statement in appeals by indigents from the Industrial 
Commission to the North Carolina Court of Appeals and to clarify the procedure 
for such indigent appeals. 

Referred to Judiciary H/Election Laws Committee. 

H.B. 1090, a bill to remove the requirement for workers' compensation coverage 
for subcontractors with no employees. 
Referred to Judiciary II/Election Laws Committee. 

H.B. 1097, a bill to permit the City of Brevard to convey certain parcels of real 
property to former owners or adjoining owners with or without consideration. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1108 (Committee Substitute), a bill to modify the Continuation Budget 
Operations Appropriations Act of 1995, and the Expansion and Capital Improve- 
ments Appropriations Act of 1995, and to make other changes in the budget 
operation of the State. 

Referred to Appropriations Committee. 

H.B. 1140, a bill to authorize the Town of Battleboro to schedule an advisory 
referendum on its merger into the City of Rocky Mount. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1156, a bill to allow the Town of Mooresville to donate unclaimed bicycles 
to charity. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1165, a bill to increase giving to charitable nonprofit organizations by 
exempting from sales and use tax tangible personal property that is manufactured 



May 27, 1996 



58 SENATE JOURNAL [Second Session 

or purchased for resale by a wholesale merchant or a retailer and then donated to 
a charitable nonprofit organization, by expanding the State corporate income tax 
deduction for charitable contributions, and by providing an income tax credit for 
certain charitable contributions by individuals who cannot deduct the contributions 
because they do not itemize. 
Referred to Finance Committee. 

H.B. 1166, a bill to modify the required disclosure statement and eliminate 
duplicative reporting requirements under the Charitable Solicitations Act and to 
modify and clarify requirements for nongovernmental entities' accountability for 
State grants. 

Referred to Judiciary I/Constitution Committee. 

H.B. 1096, a bill to transfer responsibility for collecting the remainder of the 
gross premiums tax from the Department of Insurance to the Department of 
Revenue and to clarify related statutes. 

Referred to Finance Committee. 

REPORT TO GENERAL ASSEMBLY 

A Commission directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as 
follows: 

Pursuant to Chapter 769, Section 28.21 (1993 S.L.) and Chapter 507, 
Section 27.3 (1995 S.L.), the Piedmont Sports and Entertainment Facilities Study 
Commission submits its report to the 1995 General Assembly of North Carolina, 
1996 Regular Session. 

COURTESIES 

The Chair recognizes Senator Basnight, President Pro Tempore, who appoints 
Senator McDaniel of Forsyth, Senator Kincaid of Caldwell, Senator Martin of 
Guilford, Senator Kerr of Wayne, and Senator Rand of Cumberland to escort 
visiting dignitaries from Bulgaria to the Well of the Senate. The guests are 
received with a standing ovation. 

Senator Rand presents the Honorable Kostadin Chatalbashev, Chairman of the 
Association of Rhodope Municipalities and Mayor of Smolyan, to the President of 
the Senate who recognizes Mr. Chatalbashev to address the Senate. Through an 
interpreter, he explains that the visiting Bulgarians are in the United States observ- 
ing and studying local governments and their role in a democracy. 

The President of the Senate directs welcoming remarks to Mr. Chatalbashev and 
presents him with a North Carolina State Flag. The President then recognizes the 
committee to escort the guests from the Chamber. 

CALENDAR 

Bills and a resolution on the Calendar are taken up and disposed of, as follows: 

S.J.R. 1099, a joint resolution honoring the life and memory of Nancy Winbon 
Chase, former State Legislator. 



May 27, 1996 



1996] SENATE JOURNAL 59 

With unanimous consent, on motion of Senator Kerr, consideration of the joint 
resolution is postponed until Monday, June 3. 

S.B. 1179, a bill to provide a grace period for military personnel to list and pay 
property taxes after deployment in connection with Operation Joint Endeavor. 

The bill passes its second (48-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 1180, a bill to require local governments to account for 911 surcharges in 
their annual financial statements. 

The bill passes its second (48-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 1139 (Committee Substitute), a bill to implement the recommendation of 
the Joint Legislative Education Oversight Committee to implement the State 
Board of Education's ABC's plan in order to establish an accountability model for 
the public schools to improve student performance and increase local flexibility and 
control, to make conforming changes, and to make an appropriation, as amended, 
upon third reading. 

Senator Page offers Amendment No. 3. 

Senator Cooper offers Amendment No. 4, perfecting Amendment No. 3. 

Following debate, Senator Winner calls the previous question on the bill, as 
amended, seconded by Senator Gulley. The call is sustained (26-22). 

Amendment No. 4, offered by Senator Cooper perfecting Amendment No. 3 is 
adopted (26-22). 

Amendment No. 3, offered by Senator Page, is adopted (48-0). 

The Committee Substitute bill, as amended, passes its third reading (47-1) and 
is ordered engrossed and sent to the House of Representatives. 

The President recognizes the following pages serving in the Senate this week: 

Kinsey Elizabeth Banzet, Stoneville; Amanda Leah Bristow, Kernersville; Jackie 
Renee Carter, Leasburg; Jesse Dorine Carter, Leasburg; Amy Elizabeth Cooke, 
Raleigh; Michelle Davis, Leasburg; Krystal Dingle, Gastonia; Diana Ellis, 
Raleigh; Jessica L. Goldston, Siler City; Coriander Caeli Harbin, Waynesville; 
Elizabeth Leigh Hinnant, Kenly; Atasha Isley, Siler City; Christopher Menius 
Kelso, New Bern; Billie Jo Lynn, Hickory; Jasmine McCoy, Skyland; Mary 
Elizabeth Mills, Hickory; Loren Michael Parker, New Bern; David Len Tilley, 
Raleigh; Yolanda Warren, Charlotte; and Daniel Whitley, New Bern. 

On motion of Senator Basnight, seconded by Senator Cochrane, Senate Minority 
Leader, the Senate adjourns at 8:29 P.M. to meet tomorrow, Tuesday, May 28, at 
3:00 P.M. 






May 27, 1996 



60 SENATE JOURNAL [Second Session 



ONE HUNDRED NINETEENTH DAY 



Senate Chamber 
Tuesday, May 28, 1996. 



The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear Lord, it represents a universal language. When a line is drawn in the 
sand, we pay attention. At once, we become aware of those who stand opposite 
us. The potential for conflict arises. 

"Here in the Senate where some lines are already being drawn, we pray that the 
differences of opinion represented by each side will result in creative resolution. 

"It is easy to live at peace with those who are like-minded. But to live at peace 
with those who oppose us is a great grace gift of God and a commendable achieve- 
ment. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, May 27, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. W. Rodwell 
Drake, Jr. of Oxford, who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 1088, an act to change the requirement for hospital reimbursement in 
workers' compensation cases. (Ch. 548) 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

H.B. 1075 (Committee Substitute), a bill to remove the expiration date on the 
Endorsement to Sell Program set forth in Chapter 515 of the 1993 Session Laws, 
with a favorable report. 



May 28, 1996 



1996] SENATE JOURNAL 61 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Edwards: 

S.B. 1356, a bill to appropriate funds for minority economic development in 
Cumberland County and the Cape Fear region. 
Referred to Appropriations Committee. 

By Senator Ballance: 

S.B. 1357, a bill to appropriate funds to the John A. Hyman Memorial Youth 
Development Foundation to assist in helping youths reach their full potential. 
Referred to Appropriations Committee. 

By Senator Ballance: 

S.B. 1358, a bill to appropriate funds to the Department of Environment, 
Health, and Natural Resources to provide life-sustaining medication for eligible 
persons infected with HIV. 

Referred to Appropriations Committee. 

By Senators Plyler, Albertson, and Conder: 

S.B. 1359, a bill to appropriate funds to the Department of Agriculture for 
expansion of mycoplasma and bacteriology services. 
Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1360, a bill to confirm that Stanly County may purchase and convey prop- 
erty to the State of North Carolina for use as a correctional facility. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Kerr: 

S.B. 1361, a bill to appropriate funds to the Utility Account created in the 
Industrial Development Fund to assist the ten most distressed counties of the State 
in creating high quality jobs. 

Referred to Appropriations Committee. 

By Senators Martin of Pitt and Conder: 

S.B. 1362, a bill to appropriate funds to create and implement the Rural Tourism 
Development Program. 
Referred to Appropriations Committee. 

By Senators Rand, Cooper, Perdue, Martin of Guilford, Winner, Gulley, Warren, 
Martin of Pitt, Dannelly, Albertson, Hoyle, Kerr, Soles, Speed, Parnell, Lucas, 
Ballance, Edwards, Plexico, Plyler, Odom, Conder, and Sherron: 

S.B. 1363, a bill to expand the property tax homestead exemption for low- 
income elderly and disabled individuals and to reimburse counties and cities for 
the resulting revenue loss. 

Referred to Finance Committee. 



May 28, 1996 



62 SENATE JOURNAL [Second Session 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 1116, a bill to allow persons who are unable to go to the polls because of 
observance of a religious holiday to cast an absentee ballot, with a favorable 
report. 

S.B. 1122, a bill to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding, with 
a favorable report. 

S.B. 1123, a bill to make corrections in the 1994 legislation designed to bring 
North Carolina into compliance with the National Voter Registration Act, with a 
favorable report. 

S.B. 1159, a bill to remove language requiring an attorney's opinion and written 
statement in appeals by indigents from the Industrial Commission to the North 
Carolina Court of Appeals, with a favorable report. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 1151, a bill to lessen the requirement of insurance companies to maintain 
trust accounts or obtain letters of credit or guaranty bonds as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. 

The bill passes its second (50-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 1161, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to implement and monitor the plan for the trans- 
fer of credits between North Carolina institutions of higher education. 

The bill passes its second (50-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 1165 (Committee Substitute), a bill to allow counties to remove vehicle 
registration tax block upon full payment of property taxes. 

The Committee Substitute bill passes its second (50-0) and third readings and is 
ordered sent to the House of Representatives. 

On motion of Senator Basnight, seconded by Senator Hobbs, the Senate 
adjourns at 3:29 P.M. to meet tomorrow, Wednesday, May 29, at 1:30 P.M. 



May 28, 1996 



1996] SENATE JOURNAL 63 



ONE HUNDRED TWENTIETH DAY 

Senate Chamber 
Wednesday, May 29, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our Heavenly Father, when we are serious about praying, sometimes we end up 
in uncomfortable situations. 

"In response to our prayers You ask us to: 

"Speak a kind word to someone who hasn't acted kindly toward us — or to give 
when we haven't received — or to forgive one who seems unforgivable. 

"Lord, one of the problems we have with praying is that You always get too 
personal but we keep praying because Your being so personal is one of the great- 
est joys we can experience. 

"We listen for Your Voice today. Call our names and give us courage to follow. 
Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yester- 
day, Tuesday, May 28, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Charles M. 
Phillips of Greenville, who is serving the Senate as Doctor of the Day. 

REPORT OF COMMITTEE 

A bill is reported from standing a committee, read by its title, together with the 
report accompanying it, and take its place on the Calendar, as follows: 

By Senator Plexico for the Education/Higher Education Committee: 

S.B. 1117, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to make amendments to the laws governing the 
Standards Board for Public School Administration and the Public School Adminis- 
trator Exam, with a favorable report, as amended. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Sherron, Lucas, Ballance, Edwards, Rand, Perdue, Albertson, Martin 
of Pitt, Hoyle, Cooper, and Warren: 
S.B. 1364, a bill to appropriate funds to Food Bank, Inc., a nonprofit 



May 29, 1996 



64 SENATE JOURNAL [Second Session 

corporation, for capital and operating expenses. 
Referred to Appropriations Committee. 

By Senators Sherron, Carrington, and McKoy: 

S.B. 1365, a bill concerning modification of the municipal limits between the 
City of Raleigh and the Town of Garner. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Cooper: 

S.B. 1366, a bill to appropriate funds to the Town of Nashville for the comple- 
tion of a police and fire department complex. 
Referred to Appropriations Committee. 

By Senators Albertson, Martin of Pitt, Warren, Hoyle, Kerr, Rand, Gulley, 
Winner, Sherron, Cooper, Soles, Speed, Cochrane, Little, Davis, and Carrington: 

S.B. 1367, a bill to appropriate funds to the Department of Agriculture for 
pesticide enforcement. 

Referred to Appropriations Committee. 

By Senator Plexico: 

S.B. 1368, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of 
the constituent institutions of the University of North Carolina and the University 
of North Carolina Hospitals at Chapel Hill. 

Referred to Appropriations Committee. 

By Senator Plexico: 

S.B. 1369, a bill to amend the Charter of Maggie Valley dealing with land-use 
powers and to reflect that the Town has adopted the manager form of government. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Guilford and McKoy: 

S.B. 1370, a bill to appropriate funds for North Carolina Agricultural and Tech- 
nical State University to acquire land. 
Referred to Appropriations Committee. 

By Senators Martin of Guilford and McKoy: 

S.B. 1371, a bill to appropriate funds for agricultural research and extension 
programs at North Carolina Agricultural and Technical State University. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 1372, a bill to appropriate funds for renovation at the Charlotte Hawkins 
Brown Memorial State Historic Site. 
Referred to Appropriations Committee. 

By Senator Edwards: 

S.B. 1373, a bill to appropriate funds to the Department of Commerce for a 
business incubator for the City of Fayetteville. 
Referred to Appropriations Committee. 



May 29, 1996 



1996] SENATE JOURNAL 65 

By Senator Soles: 

S.B. 1374, a bill to authorize the Town of Cerro Gordo to convey by private sale 
certain property to Eugene Green. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Soles: 

S.B. 1375, a bill concerning Columbus County and the municipalities in that 
County. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Soles: 

S.B. 1376, a bill to appropriate funds to Columbus County for economic devel- 
opment projects. 
Referred to Appropriations Committee. 

By Senator Carpenter: 

S.B. 1377, a bill establishing the Harmon Field Board of Supervisors for admin- 
istration of Harmon Field located in Polk County. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Gulley: 

S.B. 1378, a bill authorizing Durham County to enter into contracts to construct 
sidewalks within the County's jurisdiction. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Gulley: 

S.B. 1379, a bill authorizing Durham County to increase its fee for issuing weap- 
ons permits or licenses. 
Referred to Finance Committee. 

By Senator Gulley: 

S.B. 1380, a bill authorizing Durham County to accept payments in lieu of 
required street and sidewalk construction. 
Referred to Finance Committee. 

By Senators Martin of Pitt, Albertson, and Hoyle: 

S.B. 1381, a bill to appropriate funds to the Department of Agriculture to estab- 
lish a grain grading training program. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1382, a bill to appropriate funds to the Farmville Public Library for capital 
expenses. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1383, a bill to appropriate funds to the Department of Agriculture for the 
completion of the Piedmont Triad Farmers' Market. 
Referred to Appropriations Committee. 



May 29, 1996 



66 SENATE JOURNAL [Second Session 

By Senators Martin of Guilford and McKoy: 

S.B. 1384, a bill to appropriate funds for planning and designing a new class- 
room building at North Carolina Agricultural and Technical State University. 
Referred to Appropriations Committee. 

By Senators Gulley and Lucas: 

S.B. 1385, a bill to authorize the Durham City Council to determine the number 
of regular meetings of the City Council to be held each month. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Gulley and Lucas: 

S.B. 1386, a bill to amend the Charter of the City of Durham to allow payment 
of assessments over a longer period and at a reduced interest rate in cases of 
special financial hardship. 

Referred to Finance Committee. 

CALENDAR 

S.B. 1122, a bill to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding, on 
today's Calendar. 

With unanimous consent, on motion of Senator Perdue, the bill is taken up out 
of its regular order of business and on her further motion the bill is re-referred to 
the Appropriations Committee. 

H.B. 1075 (Committee Substitute), a bill to remove the expiration date on the 
Endorsement to Sell Program set forth in Chapter 515 of the 1993 Session Laws, 
on today's Calendar. 

With unanimous consent, on motion of Senator Perdue, the Committee Substi- 
tute bill is taken up out of its regular order of business and on her further motion 
the Committee Substitute bill is re-referred to the Appropriations Committee. 

COURTESIES 

On motion of Senator Page, the Chair extends courtesies of the gallery to Emily 
Rose Morgan Goode, 1996 North Carolina State Mother of the Year, and Lisa 
Phillips, 1996 North Carolina and National Mother of Young Children representa- 
tive. 

The President of the Senate extends courtesies of the gallery to Mr. Peter 
Skinner, Deputy Commissioner and Deputy Chief Executive Officer of Super 
Annuation in Australia. 

With unanimous consent, Senator Soles offers a motion privileges of the floor be 
extended to Mr. Skinner which motion prevails. The President recognizes Senator 
Basnight, President Pro Tempore, who appoints Senator Conder of Richmond, 
Senator Soles of Columbus, Senator Kincaid of Caldwell, Senator Shaw of 
Guilford, and Senator Lucas of Durham to escort the visiting dignitary from 
Australia to the Well of the Senate. Mr. Skinner is received with a standing 
ovation. 

Senator Soles presents Mr. Peter Skinner, Deputy Commissioner and Deputy 
Chief Executive Officer of Super Annuation, to the President of the Senate who 



May 29, 1996 



1996] SENATE JOURNAL 67 

recognizes Mr. Skinner to address the Senate. Mr. Skinner offers remarks compar- 
ing and contrasting the retirement systems of Australia and North Carolina. 

The President responds and presents Mr. Skinner with a North Carolina State 
Flag on behalf of the Senate. The President then recognizes the committee to 
escort Mr. Skinner from the Chamber. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting a bill for 
concurrence which is read and disposed of as follows: 

S.B. 843 (House Committee Substitute), a bill to revise the statutes regarding 
antitrust law to ensure that these provisions are internally consistent and consistent 
with federal antitrust laws, for concurrence in the House Committee Substitute bill, 
which is placed on the Calendar for tomorrow, May 30. 

Messages and special messages received in the Office of the Principal Clerk from 
the House of Representatives transmitting bills are presented to the Senate, read 
the first time, and disposed of, as follows: 

H.B. 1094, a bill to prohibit the imposition of a failure to pay penalty when 
additional tax due is paid at the time an amended return is filed or within thirty 
days after the additional tax was assessed. 

Referred to Finance Committee. 

H.B. 1155, a bill to authorize the Director of the State Capitol Police to provide 
for the evacuation of State buildings and grounds in the event of emergency or 
potentially hazardous conditions. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 1193, a bill to provide for more effective financial supervision, rehabili- 
tation, and liquidation procedures for continuing care retirement centers and to 
provide that continuing care agreements are subordinate to the cost of administra- 
tion in liquidation as recommended by the Legislative Research Commission's 
Committee on Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 1199 (Committee Substitute), a bill to revise the definition of nonfleet 
motor vehicle to allow flexibility for the number of automobiles that may be 
written under a personal automobile insurance policy as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 1116, a bill to allow persons who are unable to go to the polls because of 
observance of a religious holiday to cast an absentee ballot. 



May 29, 1996 



68 SENATE JOURNAL [Second Session 

The bill passes its second (49-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 1123, a bill to make corrections in the 1994 legislation designed to bring 
North Carolina into compliance with the National Voter Registration Act. 

The bill passes its second (42-7) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 1159, a bill to remove language requiring an attorney's opinion and written 
statement in appeals by indigents from the Industrial Commission to the North 
Carolina Court of Appeals. 

With unanimous consent, on motion of Senator Ballance, consideration of the 
the bill is postponed until tomorrow, May 30. 

CONFIRMATION OF APPOINTMENT 

Senator Soles offers a motion to the end the rules be suspended to allow the 
introduction of the following Senate simple resolution filed earlier today, which 
motion prevails with unanimous consent. 

By Senator Soles: 

S.R. 1398, a Senate simple resolution providing for the confirmation of the 
appointments of the Governor's appointments to the Board of Trustees of the 
Teachers' and State Employees' Retirement System. 

On motion of Senator Soles, the Senate simple resolution is read and placed 
before the Senate for immediate consideration, upon adoption. 

On motion of Senator Soles, the Senate simple resolution is adopted (50-0) 
confirming the appointments by the Governor to the Board of Trustees of the 
Teachers' and State Employees' Retirement System. The text of the Senate simple 
resolution is as follows: 

A SENATE SIMPLE RESOLUTION PROVIDING FOR THE CONFIRMA- 
TION OF THE APPOINTMENTS OF THE GOVERNOR'S APPOINTMENTS 
TO THE BOARD OF TRUSTEES OF THE TEACHERS' AND STATE 
EMPLOYEES' RETIREMENT SYSTEM. 

Whereas, under the provisions of G.S. 135-6, appointments by the 
Governor to membership on the Board of Trustees of the Teachers' and State 
Employees' Retirement System are subject to confirmation by the Senate; and 

Whereas, vacancies have occurred on the Board of Trustees of the Teachers' 
and State Employees' Retirement System; and 

Whereas, the Governor has transmitted to the presiding officer of the 
Senate, the names of his appointees to fill the terms of membership on the Board 
of Trustees of the Teachers' and State Employees' Retirement System; 
Now, therefore, be it resolved by the Senate: 

Section 1. (a) The appointment of Carol- Ann Tucker of Pitt County, to 
the Board of Trustees of the Teachers' and State Employees' Retirement System, as 
a representative of higher education, to fill an unexpired term to expire on 
June 30, 1997, is confirmed. 

(b) The appointment of Michael L. Dupree of Granville County, to the 
Board of Trustees of the Teachers' and State Employees' Retirement System, as a 



May 29, 1996 



1996] SENATE JOURNAL 69 

representative of State law enforcement, to fill an unexpired term to expire on 
March 31, 1997, is confirmed. 

(c) The appointments of Kevin G. Harris of Nash County, Paschal W. 
Swann of Forsyth County, and S. Leigh Wilson of Wake County, to the Board of 
Trustees of the Teachers' and State Employees' Retirement System, as representa- 
tives of the public, for terms to expire on March 31, 2000, are confirmed. 
Sec. 2. This resolution is effective upon adoption. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 1275, a bill to provide incentives for high quality jobs and business expan- 
sion in North Carolina, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Committee Substitute bill 8723 is placed before the Senate for immediate 
consideration. 

The Chair rules the Committee Substitute bill requires a call of the roll and 
further rules the amendment material. The Committee Substitute bill is adopted, 
constituting first reading. 

The Chair orders the measure placed on the Calendar for tomorrow, May 30, 
upon its second reading. 

The Chair extends courtesies of the floor to Joe Thomas, former Senator from 
Craven County. 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 1113, a bill to change the date for the oath of office for members of the 
Richmond County Board of Education, with a favorable report. 

S.B. 1189, a bill to allow Jones County to acquire property for use by its County 
Board of Education, with a favorable report. 

S.B. 1190, a bill to extend the extraterritorial planning jurisdiction of the Town 
of Wallace, with a favorable report. 

S.B. 1203, a bill to allow the City of Bessemer City to convey certain described 
property at private sale, with a favorable report. 

S.B. 1218, a bill to authorize the Pender County Board of Education to convey 
certain property at private sale to the Maple Hill Civic Club, Inc., a nonprofit 
corporation, with a favorable report. 

S.B. 1243, a bill to establish a no-wake zone on a portion of Lake Hickory, with 
a favorable report. 



May 29, 1996 



70 SENATE JOURNAL [Second Session 

S.B. 1244, a bill to grant the Town of Wallace a temporary exemption from the 
total amount of noncontiguous territory that may be annexed, with a favorable 
report. 

S.B. 1245, a bill concerning the definition of subdivision for the Town of Rose 
Hill, with a favorable report. 

S.B. 1246, a bill to repeal a section of the Charter of the Town of Landis 
relating to ABC in conflict with general law, with a favorable report. 

S.B. 1266, a bill to allow Pitt County to acquire property for use by its County 
Board of Education, with a favorable report. 

S.B. 1267, a bill to add New Hanover County to those counties in which a 
tenant's refusal to perform a contract for the rental of land is grounds for dispos- 
session, with a favorable report. 

S.B. 1268, a bill to allow New Hanover County to acquire property for use by 
its County Board of Education, with a favorable report. 

S.B. 1278, a bill to allow the City of Jacksonville to require sidewalk improve- 
ments through the site plan review process under the authority of the city zoning 
ordinance, with a favorable report. 

S.B. 1279, a bill to extend the Beaver Damage Control Program and to add 
Jones County to that Program, with a favorable report. 

S.B. 1280, a bill to permit one-stop voting on direct record voting equipment in 
Wilson County, with a favorable report. 

S.B. 1282, a bill to allow Martin County to acquire property for use by its 
County Board of Education, with a favorable report. 

S.B. 1153, a bill to provide staggered terms for members of the Board of 
Commissioners of the Town of Lumber Bridge and provide a four-year term for 
the Mayor, with a favorable report, as amended. 

H.B. 1140, a bill to authorize the Town of Battleboro to schedule an advisory 
referendum on its merger into the City of Rocky Mount, with a favorable report. 

With unanimous consent, on motion of Senator Jordan, the bill is placed before 
the Senate for immediate consideration upon its passage. 

The bill passes its second and third readings and is ordered enrolled. 

RECALL FROM CALENDAR 

S.B. 1153, a bill to provide staggered terms for members of the Board of 
Commissioners of the Town of Lumber Bridge and provide a four-year term for 
the Mayor, placed earlier today on the Calendar for May 30. 

Senator Jordan offers a motion the bill be taken from the Calendar for May 30 
and recommitted to the Local Government and Regional Affairs Committee, 
which motions prevail with unanimous consent. 



May 29, 1996 



1996] SENATE JOURNAL 71 

The Chair orders the bill taken from the Calendar for May 30 and recommitted 
to the Local Government and Regional Affairs Committee. 

REPORTS OF COMMITTEES (Continued) 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 1169, a bill to allow the Cumberland County Board of Education to permit 
the use of public school buses to serve the transportation needs of the National 
Forensics League Tournament, with a favorable report. 

On motion of Senator Basnight, seconded by Senator Davis, the Senate adjourns 
at 2:36 P.M. to meet tomorrow, Thursday, May 30, at 12:00 Noon. 



ONE HUNDRED TWENTY-FIRST DAY 

Senate Chamber 
Thursday, May 30, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, in this age of advanced technology and rapid fire information, 
we are expected to know something about everything. Indeed, others judge us by 
the scope and depth of information that we can call forth on demand. 

"But You taught us, O Lord, that no one who really matters cares how much we 
know unless they know how much we care for them. Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator McKoy. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, May 29, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Edwin M. 
Tomlin of Harrisburg, who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled and it is duly 
ratified and sent to the Office of the Secretary of State: 



May 30, 1996 



72 SENATE JOURNAL [Second Session 

H.B. 1140, an act to authorize the Town of Battleboro to schedule an advisory 
referendum on its merger into the City of Rocky Mount. (Ch. 549) 

REPORT OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Kerr for the Finance Committee: 

S.B. 1284, a bill to modify the State ports tax credit by expanding it to include 
forest products, with a favorable report. 

S.B. 1136, a bill to implement the recommendation of the School Capital 
Construction Study Commission to make permanent the requirement that counties 
use part of the two half-cent local sales tax proceeds only for public school build- 
ings, with a favorable report, as amended. 

S.B. 1176, a bill to modify the requirements for making street assessments in 
Foxfire Villages under certain circumstances, with a favorable report, as amended. 

S.B. 1178, a bill to make technical and conforming changes to the revenue laws 
and related statutes, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Kerr, the rules are suspended, and the proposed Commit- 
tee Substitute bill 8728, which changes the title to read S.B. 1178 (Committee 
Substitute), a bill to make technical and conforming changes to the revenue laws 
and related statutes and to allow the voluntary withholding of income tax from 
unemployment compensation payments, is placed before the Senate for immediate 
consideration. 

On motion of Senator Kerr, the Committee Substitute bill is adopted. 

The Chair orders the measure placed on the Calendar for Monday, June 3, for 
further consideration. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the 
first time, and disposed of, as follows: 

By Senators Hoyle and Martin of Pitt: 

S.B. 1387, a bill to appropriate funds to the Department of Environment, 
Health, and Natural Resources to improve the sanitation program for food and 
lodging establishments. 

Referred to Appropriations Committee. 

By Senators Hoyle, Plexico, Winner, and Smith: 

S.B. 1388, a bill to reduce the State sales tax on food from four percent to three 
percent. 
Referred to Finance Committee. 

By Senators Plyler and Conder: 

S.B. 1389, a bill to deannex and detach a small area of land from the corporate 



May 30, 1996 



1996] SENATE JOURNAL 73 

limits of the City of Albemarle, North Carolina. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Speed, Albertson, Soles, Cooper, Gulley, Kerr, Parnell, Ballance, 
Edwards, Warren, and Lucas: 

S.B. 1390, a bill to appropriate funds to the Department of Agriculture for 
improvements of the Rollins Animal Disease Diagnostic Laboratory. 

Referred to Appropriations Committee. 

By Senators Speed, Albertson, Soles, Cooper, Kerr, Parnell, Lucas, Ballance, 
Edwards, Warren: 

S.B. 1391, a bill to appropriate funds to the Department of Agriculture for a 
food distribution building. 

Referred to Appropriations Committee. 

By Senators Little and Hobbs: 

S.B. 1392, a bill to annex a described area to the Town of Aberdeen. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Odom, Blackmon, Allran, Winner, and Dannelly: 

S.B. 1393, a bill to clarify the status of certified employees of the Mecklenburg 

County and Catawba County Sheriffs' Offices for eligibility for benefits afforded to 

law enforcement officers through the North Carolina Local Governmental 

Employees' Retirement System. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

By Senator Forrester: 

S.J.R. 1394, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a bill to be entitled an act to provide that marriages con- 
tracted outside of this State between persons of the same gender are not valid in 
various counties. 

Recommended referral, pursuant to Rule 43, to the Rules and Operation of the 
Senate Committee. 

By Senator Simpson: 

S.B. 1395, a bill to appropriate funds to the Town of Glen Alpine for recre- 
ational purposes. 
Referred to Appropriations Committee. 

By Senator Ballantine: 

S.B. 1396, a bill to amend the Nursing Home Advisory Committee Law and the 
ombudsman law as it affects New Hanover County. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Ballantine: 

S.B. 1397, a bill to incorporate the Village of Sloop Point in Pender County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Soles: 

S.B. 1399, a bill authorizing Columbus County to enter into leases for terms not 
longer than twenty years. 
Referred to Local Government and Regional Affairs Committee. 



May 30, 1996 



74 SENATE JOURNAL [Second Session 

By Senator Soles: 

S.B. 1400, a bill to provide for a referendum in Brunswick County on the 
questions of changing the terms of office of the Brunswick County Board of 
Commissioners and the Brunswick County Board of Education from two years to 
four years. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Jordan: 

S.B. 1401, a bill to appropriate funds for the North Carolina Housing Trust Fund 
and to authorize the Legislative Research Commission to study possible sources of 
revenue dedicated to the perpetuation of the Housing Trust Fund. 

Referred to Appropriations Committee. 

By Senator Jordan: 

S.B. 1402, a bill to appropriate funds to the Department of Commerce, Com- 
munity Assistance Division, to create a Distressed County Coordinator Position. 
Referred to Appropriations Committee. 

By Senator Jordan: 

S.B. 1403, a bill to appropriate funds to study industry compliance with the 
Community Reinvestment Act. 
Referred to Appropriations Committee. 

By Senators Rand, Edwards, Forrester, and Little: 

S.B. 1404, a bill to require the North Carolina Medical Board to issue, for a fee, 
limited volunteer licenses to certain physicians licensed in other States to provide 
services without compensation at clinics specializing in the care of indigent 
patients. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Foxx: 

S.B. 1405, a bill to create a new offense of third degree trespass in Surry 
County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Rand, Martin of Pitt, Hartsell, Ballance, Ballantine, Gulley, Plexico, 
Jordan, Lucas, Speed, and Soles: 

S.B. 1406, a bill to appropriate funds to the Department of Commerce for the 
Center for Community Self-Help to further a statewide program of lending for 
home ownership. 

Referred to Appropriations Committee. 

By Senators Gulley, Lucas, and Jordan: 

S.B. 1407, a bill to appropriate funds for the construction of a new exhibit at the 
North Carolina Museum of Life and Science. 
Referred to Appropriations Committee. 

By Senators Gulley and Jordan: 

S.B. 1408, a bill to reserve appropriated funds for health care for poor children. 

Referred to Appropriations Committee. 



May 30, 1996 



1996] SENATE JOURNAL 75 

By Senators Plyler and Conder: 

S.B. 1409, a bill to establish the criminal offenses in Montgomery County of 
trespass on pine straw production land and larceny of pine straw. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Sherron and Ballance: 

S.B. 1410, a bill to provide for a binding referendum on the establishment of a 
North Carolina State Lottery Commission. 
Referred to Finance Committee. 

By Senators Sherron, Parnell, Lucas, Ballance, Rand, Martin of Guilford, 
Warren, Cooper, Perdue, Gulley, Soles, Plexico, Speed, Conder, and Plyler: 

S.B. 1411, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of 
the constituent institutions of the University of North Carolina and the University 
of North Carolina Hospitals at Chapel Hill. 

Referred to Appropriations Committee. 

By Senator Ballantine: 

S.B. 1412, a bill to reinstate the "no wake zone" within one hundred fifty yards 
of Seafood World in Topsail Sound and to repeal the prohibition on "no wake 
zones" in Pender County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Pitt and Albertson: 

S.B. 1413, a bill to appropriate funds to the Agricultural Finance Authority for 
the Reserve for Farm Loans. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1414, a bill to prohibit the reckless use of a firearm or bow and arrow and 
to regulate hunting from the right-of-way in Washington County. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Martin of Pitt: 

S.B. 1415, a bill to appropriate funds for the capital costs of constructing a 
facility to replace the Eastern North Carolina Livestock Arena. 
Referred to Appropriations Committee. 

By Senators Martin of Guilford, Winner, Dannelly, Ballantine, Cooper, Speed, 
Plexico, Lucas, Jordan, Hobbs, and Kerr: 

S.B. 1416, a bill to appropriate funds to make child care available longer on 
sliding scale basis to people transitioning off welfare. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Winner, Dannelly, Warren, Cooper, Speed, 
Lucas, Jordan, and Hobbs: 
S.B. 1417, a bill to appropriate funds for one-time requests of Coalition 2001. 
Referred to Appropriations Committee. 



May 30, 1996 



76 SENATE JOURNAL [Second Session 

By Senators Martin of Guilford, Winner, Dannelly, Warren, Cooper, Speed, 
Lucas, Jordan, and Hobbs: 

S.B. 1418, a bill to appropriate funds for capital projects requested by Coalition 
2001. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Winner, and Dannelly: 

S.B. 1419, a bill to appropriate funds for the Maternal Outreach Program. 

Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 1420, a bill to appropriate federal block grant funds for the Department of 
Human Resources. 
Referred to Appropriations Committee. 

By Senator Plexico: 

S.B. 1421, a bill to appropriate funds for public projects in the Twenty-Ninth 
Senatorial District. 
Referred to Appropriations Committee. 

By Senator Plexico: 

S.B. 1422, a bill concerning counties and municipalities in the Twenty-Ninth 
Senatorial District. 
Referred to Appropriations Committee. 

By Senators Hoyle and Martin of Pitt: 

S.B. 1423, a bill to provide for special registration plates for magistrates. 
Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senator Cooper: 

S.B. 1424, a bill to appropriate funds to provide transition and support for deaf 
and hard-of-hearing students using cued speech in mainstream education 
programs. 

Referred to Appropriations Committee. 

By Senators Winner and Horton: 

S.B. 1425, a bill to authorize the University of North Carolina to retain the net 
proceeds from the sale of the former residence of the Chancellor of Winston- 
Salem State University for application toward purchase of another residence for 
the Chancellor. 

Referred to Appropriations Committee. 

By Senator Albertson: 

S.B. 1426, a bill authorizing Pender County to impose impact fees to fund 
capital improvements. 
Referred to Finance Committee. 

By Senator Conder: 

S.B. 1427, a bill concerning Richmond County and the municipalities in that 
County. 
Referred to Local Government and Regional Affairs Committee. 



May 30, 1996 



1996] SENATE JOURNAL 77 

By Senator Conder: 

S.B. 1428, a bill concerning Richmond County and the municipalities in that 
County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Conder and Plyler: 

S.B. 1429, a bill to appropriate funds for the low-level waste site in Richmond 
County. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S.B. 1430, a bill to appropriate funds for the completion of the College Fine 
Arts Center at the Richmond Community College. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S.B. 1431, a bill to appropriate funds to the Department of Commerce, Travel 
and Tourism Division, to offset the expenses incurred by the Richmond County 
Babe Ruth League for hosting the 1996 Senior Babe Ruth Southeastern Regional 
Tournament. 

Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S.B. 1432, a bill to appropriate funds for capital expenses of the North Carolina 
High School Athletic Association. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S.B. 1433, a bill to appropriate funds to the Department of Cultural Resources 
for the Richmond County Historical Society for the purchases of the Wall House. 
Referred to Appropriations Committee. 

By Senator Soles: 

S.B. 1434, a bill to appropriate funds for the development of a pilot program to 
address methods to dispose of treated effluent. 
Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 1435, a bill to provide an experience credit for the Principal Clerks. 

Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 1436, a bill to appropriate funds to the Department of Administration for 
additional staff for the State Property Office. 
Referred to Appropriations Committee. 

By Senator Plexico: 

S.B. 1437, a bill concerning counties and municipalities in the Twenty-Ninth 
Senatorial District. 



May 30, 1996 



78 SENATE JOURNAL [Second Session 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senator McKoy: 

S.B. 1438, a bill to reduce the per diem of legislators living within fifty miles of 
Raleigh by the amount that State employees are allowed for hotels on in-State 
official travel. 

Referred to Appropriations Committee. 

S.J.R. 1394, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a bill to be entitled an act to provide that marriages con- 
tracted outside of this State between persons of the same gender are not valid in 
various counties, with a recommended referral pursuant to Rule 43 to the Rules 
and Operation of the Senate Committee earlier today. 

On motion of Senator Forrester, the rules are suspended to the end, the joint 
resolution is placed before the Senate for immediate consideration, upon its pas- 
sage. 

Receiving a two-thirds affirmative majority vote, the joint resolution passes its 
second (46-1) and third readings and is ordered, with unanimous consent, sent to 
the House of Representatives by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting a bill 
which is read the first time and disposed of, as follows: 

H.B. 1230, a bill to amend the Charter of Maggie Valley dealing with land-use 
powers and to reflect that the Town has adopted the manager form of government. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

S.B. 1266, a bill to allow Pitt County to acquire property for use by its County 
Board of Education, upon second reading, on today's Calendar. 

With unanimous consent on motion of Senator Kerr the bill is taken up out of 
its regular order of business and on his further motion is re-referred to the 
Finance Committee. 

S.B. 1282, a bill to allow Martin County to acquire property for use by its 
County Board of Education, upon second reading, on today's Calendar. 

With unanimous consent, on motion of Senator Kerr, the bill is taken up out of 
its regular order of business, and on his further motion is re-referred to the 
Finance Committee. 

S.B. 1189, a bill to allow Jones County to acquire property for use by its County 
Board of Education, on today's Calendar. 

With unanimous consent on motion of Senator Kerr the bill is taken up out of 
its regular order of business and on his further motion is re-referred to the 
Finance Committee. 



May 30, 1996 



1996] SENATE JOURNAL 79 

S.B. 1268, a bill to allow New Hanover County to acquire property for use by 
its County Board of Education, on today's Calendar. 

With unanimous consent on motion of Senator Kerr the bill is taken up out of 
its regular order of business and on his further motion is re-referred to the 
Finance Committee. 

S.B. 1279, a bill to extend the Beaver Damage Control Program and to add 
Jones County to that Program, on today's Calendar. 

With unanimous consent, on motion of Senator Perdue, the bill is taken up out 
of its regular order of business and on her further motion is re-referred to the 
Appropriations Committee. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Winner for the Education/Higher Education Committee: 

S.B. 1134, a bill to implement the recommendation of the School Capital 
Construction Study Commission to clarify that the State Board of Education is to 
establish school facilities guidelines, to direct the State Board of Education to 
establish a central clearinghouse for prototype designs of school facilities, to direct 
the State Board of Education to establish the School Facilities Task Force, and to 
make an appropriation to implement this Act, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Winner, the proposed Committee Substitute bill 7784 is 
placed before the Senate for immediate consideration, and on her further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 1173, a bill to permit the local Board of Education in Alleghany County to 
schedule longer school days so as to offset days lost due to inclement weather, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the proposed 
Committee Substitute bill 8726, which changes the title to read S.B. 1173 
(Committee Substitute), a bill to permit the local Boards of Education in 
Alleghany and Stokes Counties to schedule longer school days so as to offset days 
lost due to inclement weather, is placed before the Senate for immediate 
consideration. 

On motion of Senator Winner, the Committee Substitute bill is adopted. 

The Chair orders the measure placed on the Calendar for Monday, June 3, for 
further consideration. 

S.B. 1207, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to improve the program and services for gifted 
students, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 



May 30, 1996 



80 SENATE JOURNAL [Second Session 

On motion of Senator Winner, the rules are suspended, and the proposed Com- 
mittee Substitute bill 1821, which changes the title to read S.B. 1207 (Committee 
Substitute), a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to improve the program and services for academi- 
cally or intellectually gifted students, is placed before the Senate for immediate 
consideration. 

On motion of Senator Winner the Committee Substitute bill is adopted. 

The Chair orders the measure placed on the Calendar for Monday, June 3, for 
further consideration. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 1155, a bill to change the requirement for hospital reimbursement in 
workers' compensation cases, on today's Calendar. 

With unanimous consent, on motion of Senator Kerr, the bill is taken up out of 
its regular order of business and on his further motion consideration of the bill is 
postponed indefinitely. 



S.B. 1190, a bill to extend the extraterritorial planning jurisdiction of the Town 
of Wallace, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, Odom, Page, Parnell, Perdue, Plexico, Plyler, 
Rand, Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 3, for further 
consideration upon third reading. 

S.B. 1244, a bill to grant the Town of Wallace a temporary exemption from the 
total amount of noncontiguous territory that may be annexed, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, Odom, Page, Parnell, Perdue, Plexico, Plyler, 
Rand, Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 3, for further 
consideration upon third reading. 

S.B. 1267, a bill to add New Hanover County to those counties in which a 
tenant's refusal to perform a contract for the rental of land is grounds for dispos- 
session, upon second reading. 



May 30, 1996 



1996] SENATE JOURNAL 81 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, Odom, Page, Parnell, Perdue, Plexico, Plyler, 
Rand, Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 3, for further 
consideration upon third reading. 

S.B. 1113, a bill to change the date for the oath of office for members of the 
Richmond County Board of Education. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1169, a bill to allow the Cumberland County Board of Education to permit 
the use of public school buses to serve the transportation needs of the National 
Forensics League Tournament. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1203, a bill to allow the City of Bessemer City to convey certain described 
property at private sale. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1218, a bill to authorize the Pender County Board of Education to convey 
certain property at private sale to the Maple Hill Civic Club, Inc., a nonprofit 
corporation. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

■ 

S.B. 1243, a bill to establish a no-wake zone on a portion of Lake Hickory. 
The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1245, a bill concerning the definition of subdivision for the Town of Rose 
Hill. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1246, a bill to repeal a section of the Charter of the Town of Landis 
relating to ABC in conflict with general law. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1278, a bill to allow the City of Jacksonville to require sidewalk improve- 
ments through the site plan review process under the authority of the city zoning 
ordinance. 



May 30, 1996 



82 SENATE JOURNAL [Second Session 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1280, a bill to permit one-stop voting on direct record voting equipment in 
Wilson County. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1275 (Committee Substitute), a bill to provide incentives for high quality 
jobs and business expansion in North Carolina, upon second reading. 

Senator McDaniel offers Amendment No. 1, with a fiscal note attached, which is 
adopted (47-0). 

Senator Kerr calls the pervious question, seconded by Senator Rand. The call 
is sustained. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 46, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Hoyle, 
Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Warren, and Winner — 46. 

Voting in the negative: Senator Webster — 1. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar 
for Monday, June 3, for further consideration upon third reading. 

S.B. 1117, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to make amendments to the laws governing the 
Standards Board for Public School Administration and the Public School Adminis- 
trator Exam. 

On motion of Senator Plexico, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1159, a bill to remove language requiring an attorney's opinion and written 
statement in appeals by indigents from the Industrial Commission to the North 
Carolina Court of Appeals. 

With unanimous consent, on motion of Senator Gulley, consideration of the bill 
is postponed until Wednesday, June 5. 

S.B. 843 (House Committee Substitute), a bill to revise the statutes regarding 
antitrust law to ensure that these provisions are internally consistent and consistent 
with federal antitrust laws, for concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (46-0) and the 
measure is ordered enrolled. 

On motion of Senator Basnight, seconded by Senator Sherron, the Senate 
adjourns at 1:40 P.M. to meet Monday, June 3, at 7:00 P.M. 



May 30, 1996 



1996] SENATE JOURNAL 83 

ONE HUNDRED TWENTY-SECOND DAY 

Senate Chamber 
Monday, June 3, 1996. 



The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, the Psalmist knew exactly how to start off a day, a week, an 
important occasion. He began many of his poems by writing 'Bless the Lord, Oh 
my soul, and all that is within me. Bless His Holy Name.' 

"The Psalmist knew that unless we first praise You, O God, we may fall into the 
temptation of praising each other excessively. 

"This week let our light so shine before others that they may see our good 
works and praise You, our Father, in Heaven. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
May 30, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Robert P. 
Majors of Raleigh, who is serving the Senate as Doctor of the Day. 

The Chair extends courtesies of the Gallery to Marvin Ward, former Senator from 
Forsyth County, and his wife June. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 843 (House Committee Substitute), an act to revise the statutes regarding 
antitrust law to ensure that these provisions are internally consistent and consistent 
with federal antitrust laws. (Ch. 550) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

H.B. 1078, a bill to clarify the date of the Moratorium Steering Committee's 
final report and to extend the date that the Joint Legislative Commission on 
Seafood and Aquaculture is required to report, with a favorable report. 



June 3, 1996 



84 SENATE JOURNAL [Second Session 

S.B. 1286, a bill to expand the membership of the Forestry Council of the 
Department of Environment, Health, and Natural Resources and redefine its 
responsibilities, as recommended by the Environmental Review Commission, with 
a favorable report. 

S.B. 1328, a bill to implement phase one of the restructuring of environmental 
programs in the Department of Environment, Health, and Natural Resources and 
to make conforming statutory changes, as recommended by the environmental 
process action team of the Department of Environment, Health, and Natural 
Resources and to make clarifying, conforming, and technical amendments to vari- 
ous laws relating to environment, health, and natural resources, as recommended 
by the Environmental Review Commission, with a favorable report, as amended. 

S.B. 1341, a bill to establish a fisheries research center within the Cooperative 
Institute for Fisheries Oceanography of the University of North Carolina and to 
require that the Department of Environment, Health, and Natural Resources 
create an Emergency Fish Kill Response Team to respond to significant fish kills, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Albertson, the proposed Committee Substitute bill A780 
is placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Parnell for the Commerce Committee: 

S.B. 1163, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to amend the North Carolina 
Reciprocal Interstate Banking Act, with a favorable report. 

S.B. 1209, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to authorize state-chartered 
banks, savings and loan associations, and savings banks to observe holidays as 
determined by their boards of directors, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Conder and Warren: 

S.B. 1439, a bill to appropriate funds for a Community College Challenge 
Grants Fund. 
Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 1440, a bill to appropriate funds to Franklin County for a livestock facility. 

Referred to Appropriations Committee. 

By Senator Ballantine: 

S.B. 1441, a bill to provide that a jury in a capital case must be instructed that 



June 3, 1996 



1996] SENATE JOURNAL 85 

a defendant may be entitled to review of the defendant's sentence after serving 
twenty-five years. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

By Senator Ballantine: 

S.B. 1442, a bill to provide that the district attorney may accept a first degree 
murder plea as a noncapital offense with aggravating factors. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

By Senator Hoyle: 

S.B. 1443, a bill to establish a minimum rate chargeable by local pay telephone 
providers to ensure that those providers can pass sales taxes on to the customer in 
the same manner as other local telephone providers. 

Referred to Appropriations Committee. 

By Senators Perdue and Warren: 

S.B. 1444, a bill to appropriate funds to the Department of Human Resources 
for the North Carolina Senior Games Program. 
Referred to Appropriations Committee. 

By Senators Perdue, Plyler, Odom, Martin of Pitt, and Warren: 
S.B. 1445, a bill to appropriate funds for exhibits for the new North Carolina 
State Museum of Natural Sciences. 
Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 1446, a bill to appropriate funds to the Department of Cultural Resources 
for the construction of the Core Sound Waterfowl Museum. 
Referred to Appropriations Committee. 

By Senators Perdue, Winner, Dannelly, Albertson, Cooper, Martin of Guilford, 
and Warren: 

S.B. 1447, a bill to appropriate funds for domestic violence and rape crisis/sexual 
assault programs. 

Referred to Appropriations Committee. 

By Senators Lucas and Warren: 

S.B. 1448, a bill to appropriate funds for continued research by the Institute for 
the Study of Minority Issues at North Carolina Central University. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt and Warren: 

S.B. 1449, a bill to appropriate funds for the expenses of "The Lost Colony" 
Historical Drama. 
Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1450, a bill to appropriate funds for industrial development in Scotland 
County. 
Referred to Appropriations Committee. 



June 3, 1996 



86 SENATE JOURNAL [Second Session 

By Senators Plyler, Perdue, Odom, Rand, and Ballantine: 
S.B. 1451, a bill to appropriate funds to meet the maintenance requirements of 
the State ports. 
Referred to Appropriations Committee. 

By Senators Plyler, Odom, Blackmon, Dannelly, and Winner: 
S.B. 1452, a bill to appropriate funds for a regional facility to serve develop- 
mentally disabled children. 
Referred to Appropriations Committee. 

By Senators Lucas, Gulley, and Warren: 

S.B. 1453, a bill to appropriate funds for the development and implementation 
at Hillside Model High School of a model site-based management program. 
Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 1454, a bill to appropriate funds to reward excellence in teaching. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 1455, a bill to appropriate funds to the Department of Human Resources 
for the Child Advocacy Institute. 
Referred to Appropriations Committee. 

By Senators Perdue and Warren: 

S.B. 1456, a bill to appropriate funds to establish a reserve for land acquisition 
for cultural, historical, and educational sites. 
Referred to Appropriations Committee. 

By Senators Cooper, Soles, Speed, Lucas, Kerr, Gulley, Perdue, Plyler, Hoyle, 
Martin of Pitt, Winner, Dannelly, Jordan, Albertson, Rand, Conder, Odom, 
Hobbs, Plexico, Edwards, Sherron, Parnell, and Martin of Guilford: 

S.B. 1457, a bill to appropriate funds to implement certain changes recom- 
mended by the Smart Start audit to the Early Childhood Initiatives Program. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Hoyle, Rand, and Gulley: 
S.B. 1458, a bill to allow a food tax credit for individuals with low or moderate 
incomes. 
Referred to Finance Committee. 

By Senators Martin of Guilford and Gulley: 

S.B. 1459, a bill to appropriate funds to the North Carolina Child Advocacy 
Institute for operating expenses. 
Referred to Appropriations Committee. 

By Senators Odom, Plyler, Perdue, Plexico, and Warren: 

S.B. 1460, a bill to appropriate funds for the expansion of the Interdisciplinary 
Diabetes Program at the School of Medicine at the University of North Carolina 
at Chapel Hill. 

Referred to Appropriations Committee. 



June 3, 1996 



1996] SENATE JOURNAL 87 

By Senators Albertson, Speed, Soles, Dannelly, Carpenter, Davis, Horton, Kerr, 
Winner, Hoyle, Perdue, Jordan, Warren, Odom, Hobbs, Plexico, Cooper, Parnell, 
Sherron, Lucas, Edwards, Carrington, McDaniel, Martin of Guilford, Rand, 
Blackmon, Ledbetter, Conder, Ballantine, Smith, Kincaid, Gulley, Blust, Clark, 
Allran, Shaw, Little, East, Webster, Hartsell, Martin of Pitt, and Plyler: 

S.B. 1461, a bill to appropriate funds to community-based alternative services in 
accordance with recommendations of the Research Triangle Institute's Com- 
prehensive Study of the Division of Youth Services. 

Referred to Appropriations Committee. 

By Senators Albertson, Martin of Pitt, Davis, Speed, and Dannelly: 
S.B. 1462, a bill to appropriate funds to the Department of Agriculture for 
renovation of the L. R. Harrill Youth Center at the State Fairgrounds. 
Referred to Appropriations Committee. 

By Senators Rand and Edwards: 

S.B. 1463, a bill to appropriate funds for an early childhood education center at 
Fayetteville Technical Community College. 
Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 1464, a bill to create a pilot program to permit certain local school adminis- 
trative units to use operating funds for capital expenditures. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Speed, Cooper, Martin of Pitt, Albertson, Soles, Kerr, Warren, and 
Edwards: 

S.B. 1465, a bill to appropriate funds to the Department of Human Resources to 
pave the road at the Eastern North Carolina School for the Deaf in Wilson. 

Referred to Appropriations Committee. 

By Senators McDaniel, Page, Ballantine, Carrington, Cochrane, Forrester, Blust, 
Hartsell, Carpenter, Horton, Smith, Ledbetter, Clark, Shaw, Foxx, Kincaid, 
Simpson, Blackmon, Webster, Little, Davis, East, and Allran: 

S.B. 1466, a bill to direct the Employment Security Commission to refund to 
employers moneys in the Employment Security Commission Reserve Fund, to 
repeal the tax on employer contributions, and to repeal the Employment Security 
Commission Reserve Fund and the Worker Training Trust Fund. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Ballance: 

S.B. 1467, a bill to authorize the financing of capital improvements at Correction 
Enterprises facilities. 
Referred to Appropriations Committee. 

By Senators Ballance, Lucas, Jordan, and Gulley: 

S.B. 1468, a bill to appropriate funds to correct safety violations at North 
Carolina Central University. 
Referred to Appropriations Committee. 



June 3, 1996 



88 SENATE JOURNAL [Second Session 

By Senators Ballance, Parnell, and Rand: 

S.B. 1469, a bill to eliminate waiver of preliminary hearings in parole and post- 
release supervision revocation proceedings in order to reduce expenditures in the 
Department of Correction. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

By Senator Sherron: 

S.B. 1470, a bill to appropriate funds for economic development in southeast 
Raleigh. 
Referred to Appropriations Committee. 

By Senators Plexico, Odom, Plyler, Conder, Sherron, Hoyle, Kerr, and Perdue: 
S.B. 1471, a bill to appropriate funds for the Legislative Research Commission 
to study the role of North Carolina in global affairs. 
Referred to Appropriations Committee. 

By Senators Webster, Cochrane, Forrester, Carpenter, East, Davis, Allran, 
Smith, McDaniel, Simpson, Foxx, Kincaid, Carrington, Blackmon, Ballantine, Shaw, 
and Blust: 

S.B. 1472, a bill to repeal most State privilege license taxes. 

Referred to Finance Committee. 

By Senator Plexico: 

S.B. 1473, a bill to direct the State Board of Education to develop a comprehen- 
sive plan to improve reading achievement in the public schools and to revise the 
standard course of study, to direct the State Board of Education to collaborate 
with the Board of Governors of the University of North Carolina and with private 
colleges and universities to evaluate and revise teacher certification standards and 
teacher education programs related to reading instruction, to encourage local 
boards of education to review and revise their policies, curricula, and professional 
development programs to emphasize balanced, integrated, and effective programs 
of reading instruction, and to make an appropriation. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford and Dannelly: 

S.B. 1474, a bill to appropriate funds to establish a revolving fund for the pur- 
chase of fire protection equipment for adult care homes, group homes, and nursing 
homes, to require the Department of Human Resources to adopt rules regarding 
fire protection systems in certain homes, and to change existing law regarding 
community advisory committees, staff/resident ratio, penalties, and confidentiality 
of information. 

Referred to Appropriations Committee. 

By Senator Page: 

S.B. 1475, a bill to direct the Department of Correction to recommend ways to 
increase awareness of the Intensive Motivation Program of Alternative Correctional 
Treatment (IMPACT) and encourage greater use of the Program as an alternative 
to traditional incarceration. 

Referred to Appropriations Committee. 



June 3, 1996 



1996] SENATE JOURNAL 89 

By Senators Ledbetter, Clark, and Plexico: 

S.B. 1476, a bill to provide for payment of nonbetterment relocation costs of 
water and sewer lines belonging to joint water and sewer systems in Buncombe and 
Henderson Counties organized by local governments and nonprofit water or sewer 
associations. 

Pursuant to Resolution 15, the bill is held as filed in the office of the Principal 
Clerk at the request of the sponsor. 

By Senator McKoy: 

S.B. 1477, a bill to establish the High School Graduate Education Fund to 
provide grants to exemplary high school graduates to continue their education. 
Referred to Appropriations Committee. 

By Senator Ballantine: 

S.B. 1478, a bill to enhance the punishment imposed for gang-related criminal 
offenses. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

By Senators Albertson, Warren, Speed, Hoyle, Carpenter, Plexico, Perdue, Kerr, 
Conder, Foxx, Lucas, Shaw, Martin of Pitt, Odom, Horton, Davis, Page, East, 
Forrester, and Cochrane: 

S.B. 1479, a bill to strengthen the controlled substances laws. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

By Senator Perdue: 

S.B. 1480, a bill to establish the Adopt-A-Beach Program. 

Referred to Appropriations Committee. 

By Senator Horton: 

S.B. 1481, a bill to make it a Class I felony to forge or to utter a forged 
identification card. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

By Senators Page, Ballantine, Carrington, Webster, McKoy, McDaniel, Clark, 
Allran, Carpenter, East, Davis, Forrester, and Ledbetter: 

S.B. 1482, a bill to ban partial-birth abortions and to require a twenty-four- 
hour waiting period and the informed consent of a pregnant woman before 
abortion may be performed, to require physicians to inform women of medical 
risks, gestational age, the name of the physician performing the abortion, and 
certain other information, and to require certain printed materials and reports. 

Referred to Judiciary II/Election Laws Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Winner, Plexico, Cooper, Kerr, and Smith: 
S.B. 1483, a bill to appropriate funds to increase the minimum salary for teacher 
assistants. 
Referred to Appropriations Committee. 



June 3, 1996 



90 SENATE JOURNAL [Second Session 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, 
and disposed of, as follows: 

H.B. 1081, a bill to modify the membership, qualifications for appointment, and 
terms of the trustees for Albemarle Hospital in Pasquotank County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1112, a bill to authorize the Town of Maxton to convey certain property at 
private sale to the Historic Preservation Foundation of North Carolina, Inc., a 
nonprofit corporation. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1119, a bill to delete the requirement that a company add back to its net 
worth franchise tax base the amount of its loans that are payable to an unrelated 
company but are endorsed or guaranteed by a related company, as recommended 
by the Department of Revenue. 

Referred to Finance Committee. 

H.B. 1125, a bill to allow one-stop ballots to be directly inserted in optical scan 
tabulators in Wake County as if the ballots were being voted at the precinct. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1133, a bill to permit one-stop voting on direct record voting equipment in 
Pasquotank County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1173, a bill to allow precinct assistants to work split shifts. 
Referred to Judiciary II/Election Laws Committee. 

H.B. 1215, a bill to authorize the Rockingham Board of Equalization and 
Review to meet after its formal adjournment. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1256, a bill to provide staggered terms for the governing board of the Town 
of Spruce Pine, and concerning the voting power of the Mayor. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1279, a bill concerning the manner of selecting the Mayor Pro Tempore of 
the Town of Mount Holly. 
Referred to Local Government and Regional Affairs Committee. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 



June 3, 1996 



1996] SENATE JOURNAL 91 

By Senator Sherron for the Finance Committee: 

S.B. 1239, a bill to exempt from sales and use tax free samples of prescription 
drugs distributed by the manufacturer, with a favorable report. 

CALENDAR 

Bills and a resolution on tonight's Calendar are taken up and disposed of, as 
follows: 

S.B. 1190, a bill to extend the extraterritorial planning jurisdiction of the Town 
of Wallace, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 50, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, 
Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of 
Pitt, Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, 
Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, 
Webster, and Winner — 50. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1244, a bill to grant the Town of Wallace a temporary exemption from the 
total amount of noncontiguous territory that may be annexed, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 50, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, 
Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of 
Pitt, Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, 
Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, 
Webster, and Winner — 50. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1267, a bill to add New Hanover County to those counties in which a 
tenant's refusal to perform a contract for the rental of land is grounds for dispos- 
session, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 50, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, 
Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of 
Pitt, Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, 
Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, 
Webster, and Winner — 50. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1176, a bill to modify the requirements for making street assessments in 
Foxfire Villages under certain circumstances, upon second reading. 



June 3, 1996 



92 SENATE JOURNAL [Second Session 

On motion of Senator Kerr, Committee Amendment No. 1 is adopted, changing 
the title to read S.B. 1176, a bill to modify the requirements for making street 
assessments in Foxfire Village under certain circumstances. 

The bill, as amended, passes its second reading by roll-call vote, ayes 50, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, 
Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of 
Pitt, Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, 
Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, 
Webster, and Winner — 50. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, Tuesday, 
June 4, for further consideration upon third reading. 

S.B. 1173 (Committee Substitute), a bill to permit the local Boards of Education 
in Alleghany and Stokes Counties to schedule longer school days so as to offset 
days lost due to inclement weather. 

Senator Winner offers Amendment No. 1 which is adopted (50-0), changing the 
title to read S.B. 1173 (Committee Substitute), a bill to permit the local boards of 
education of various counties to schedule longer school days so as to offset days 
lost due to inclement weather. 

The Committee Substitute bill, as amended, passes its second (50-0) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 1275 (Committee Substitute), a bill to provide incentives for high quality 
jobs and business expansion in North Carolina, as amended, upon third reading. 

Senator Webster offers Amendment No. 2. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

Following lengthy debate Senator Kerr calls the previous question on Amend- 
ment No. 2, seconded by Senator Rand. The call is sustained (40-9). 

Amendment No. 2, offered by Senator Webster, fails of adoption (10-39). 

Senator McDaniel offers Amendment No. 3. 

Senator Kerr calls the previous question on Amendment No. 3, seconded by 
Senator Rand. The call is sustained (41-9). 

Upon a tie-vote (25-25), Amendment No. 3, offered by Senator McDaniel, fails 
of adoption for lack of a simple majority. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to the President of 
the Senate, Lieutenant Governor Wicker, who presides. 

Senator Kerr calls the previous question, seconded by Senator Rand. The call 
is sustained. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 49, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, 
Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of 
Pitt, Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, 



June 3, 1996 



1996] SENATE JOURNAL 93 

Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, and 
Winner — 49. 

Voting in the negative: Senator Webster — 1. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 

S.B. 1178 (Committee Substitute), a bill to make technical and conforming 
changes to the revenue laws and related statutes and to allow the voluntary with- 
holding of income tax from unemployment compensation payments, upon second 
reading. 

The Chair declares the voting equipment inoperative. 

The Committee Substitute bill passes its second reading by roll-call vote, 
ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, 
Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of 
Pitt, Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, 
Plexico, Plyler, Rand, Shaw, Sherron, Smith, Soles, Speed, Warren, Webster, and 
Winner — 49. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Tuesday, June 4, for further consideration upon third reading. 

S.J.R. 1099, a joint resolution honoring the life and memory of Nancy Winbon 
Chase, former State Legislator. 

With unanimous consent, on motion of Senator Kerr, consideration of the joint 
resolution is postponed until Monday, June 10. 

S.B. 1136, a bill to implement the recommendation of the School Capital 
Construction Study Commission to make permanent the requirement that counties 
use part of the two half-cent local sales tax proceeds only for public school 
buildings. 

On motion of Senator Kerr, Committee Amendment No. 1 is adopted, changing 
the title to read S.B. 1136, a bill to implement the recommendation of the School 
Capital Construction Study Commission to make permanent the requirement that 
counties use part of the two half-cent local sales tax proceeds only for public 
school capital outlay purposes. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1207 (Committee Substitute), a bill to implement the recommendation of 
the Joint Legislative Education Oversight Committee to improve the program and 
services for academically or intellectually gifted students. 

The Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives. 

The Chair announces the voting equipment is operative. 

S.B. 1284, a bill to modify the State ports tax credit by expanding it to include 
forest products. 



June 3, 1996 



94 SENATE JOURNAL [Second Session 

The bill passes its second (48-0) and third readings and is ordered sent to the 
House of Representatives. 

The President recognizes the following pages serving in the Senate this week: 

Kevin Charles Allen, Raleigh; Angela A. Autry, Elizabethtown; Joseph Buff, 
New Bern; Jennifer Davis, Havelock; Jennifer Gayle Dowdy, Cary; Raymond 
Dunn III, New Bern; Taryn LeAnne Ebron, Riegelwood; Jennifer Erb, Havelock; 
Fenton Tilson Erwin III, Charlotte; Claudine Gerber, Chapel Hill; Zachary 
Barber Hawes, Jacksonville; Alec Michael Cooper Johnston, Charlotte; Molly 
Martin King, Raleigh; Andrew David Martin, Pinehurst; Melissa Carolyn Milford, 
Raleigh; Jessica Rich, New Bern; Joshua Sawyer, New Bern; Sarah Lynn, Shaver, 
Hillsborough; Donya Latell Slade, Trenton; Amber Ashley Stanley, Raleigh; 
Jynne Ruth Stowe, Gastonia; Kathyrn A. Taylor, Raleigh; Hilary Katherine 
Tilden, Pittsboro; Stanley W. West, Jr., Southern Pines; and Margaret Virginia 
Williamson, Clinton. 

On motion of Senator Basnight, seconded by Senator Foxx, the Senate adjourns 
at 8:53 P.M. to meet tomorrow, Tuesday, June 4, at 2:00 P.M. 



ONE HUNDRED TWENTY-THIRD DAY 

Senate Chamber 
Tuesday, June 4, 1996. 



The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our Father, Holy Scripture tells us that when we hear Your Words and act on 
them, it is analogous to building one's house on a rock. The rains fall, the winds 
blow, but the house stands! Our decisions and action when based on Your Word 
are solid as a rock. 

"Everyday we have several options in the way we choose to live our lives. We 
can throw stones, stumble on them, climb over them, or build atop them. 

"This day help us to choose the latter. For Your Sake, Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, June 3, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. Patrick Mullen 
of Louisburg, who is serving the Senate as Doctor of the Day. 



June 4, 1996 



1996] SENATE JOURNAL 95 

COURTESIES 

The Chair recognizes Senator Sherron who offers a motion the rules be 
suspended to the end guests from the Southern Legislative Conference of the 
Council of State Governments be granted privileges of the floor, which motion 
prevails. 

The President directs Senator Sherron to escort Patrick Stafford and David C. 
Payne to the Well of the Senate where he introduces the guests to the President of 
the Senate and the Senators. Following brief remarks by Patrick Stafford, the 
President directs the Sergeant-at-Arms to seat the guests at the rear of the 
Chamber. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message received in the office of the Principal Clerk from the House of 
Representatives transmitting a bill for concurrence is presented to the Senate, read, 
and disposed of, as follows: 

S.B. 294 (House Committee Substitute No. 2), a bill to limit the issuance and 
renewal of barber certificates, permits, and licenses, to establish late fees for 
expired certificates, to make certain revisions to the law governing the Board of 
Barber Examiners and the sanitary rules, and to make conforming changes to the 
Cosmetic Art Act, for concurrence in the House Committee Substitute bill No. 2, 
which is placed on the Calendar for tomorrow, Wednesday, June 5. 

Messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, 
and disposed of, as follows: 

H.B. 1185 (Committee Substitute), a bill to provide staggered terms for members 
of the Board of Commissioners of the Town of Lumber Bridge and provide a 
four-year term for the Mayor. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1219, a bill to allow the County of Alamance and the cities located in that 
County to donate unclaimed bicycles to charity. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1231, a bill to include the Counties of Alleghany, Surry, and Watauga 
among those Counties that require consent of the Board of County Commissioners 
before land may be condemned or acquired by a unit of local government outside 
the County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1358, a bill to authorize the City of Burlington, North Carolina, to convey 
certain surplus property by private sale to Habitat for Humanity of Alamance 
County, N. C, Inc. 

Referred to Local Government and Regional Affairs Committee. 

ADDITIONAL ENDORSEMENT 

Senator Page requests to be recorded endorsing a bill previously introduced: 



June 4, 1996 



96 SENATE JOURNAL [Second Session 

S.B. 1438, a bill to reduce the per diem of legislators living within fifty miles of 
Raleigh by the amount that State employees are allowed for hotels on in-State 
official travel. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 1176, a bill to modify the requirements for making street assessments in 
Foxfire Villages under certain circumstances, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 48, noes 0, 
as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 48. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 

S.B. 1178 (Committee Substitute), a bill to make technical and conforming 
changes to the revenue laws and related statutes and to allow the voluntary with- 
holding of income tax from unemployment compensation payments, upon third 
reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 50, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, 
Plyler, Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, Webster, and 
Winner— 50. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 1163, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to amend the North Carolina 
Reciprocal Interstate Banking Act. 

With unanimous consent, on motion of Senator Warren, consideration of the bill 
is postponed until Thursday, June 6. 

S.B. 1209, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to authorize state-chartered 
banks, savings and loan associations, and savings banks to observe holidays as 
determined by their boards of directors. 

With unanimous consent, on motion of Senator Warren, consideration of the bill 
is postponed until Thursday, June 6. 



June 4, 1996 



1996] SENATE JOURNAL 97 

S.B. 1239, a bill to exempt from sales and use tax free samples of prescription 
drugs distributed by the manufacturer. 

With unanimous consent, on motion of Senator Plyler, the bill is re-referred to 
the Appropriations Committee. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 1317, a bill to provide for the continued solvency of the Commercial 
Leaking Petroleum Underground Storage Tank Cleanup Fund and to make other 
changes to the Leaking Petroleum Underground Storage Tank Cleanup Program, as 
recommended by the Environmental Review Commission, with a favorable report. 

S.B. 1348, a bill to create the Well Contractors and Pump Contractors Certifica- 
tion Commission, to amend the well drillers and pump installers registration 
requirements, and to make various amendments to the Well Construction Act, as 
recommended by the Environmental Review Commission, with a favorable report. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 1295, a bill to clarify eligibility under the Salary Continuation Plan for 
employees of the Department of Correction, with a favorable report. 

By Senator Gulley for the Judiciary H/Election Laws Committee: 

H.B. 1089 (Committee Substitute), a bill to remove language requiring an 
attorney's opinion and written statement in appeals by indigents from the 
Industrial Commission to the North Carolina Court of Appeals and to clarify the 
procedure for such indigent appeals, with a favorable report. 

H.B. 1090, a bill to remove the requirement for workers' compensation coverage 
for subcontractors with no employees, with a favorable report. 

H.B. 1173, a bill to allow precinct assistants to work split shifts, with a favorable 
report. 

S.B. 1119, a bill to provide for holding the canvass for primaries and elections 
on the third rather than the second day after election day, with a favorable report, 
as amended. 

S.B. 1235, a bill to authorize clerks to allocate spouse's and children's year's 
allowance from a decedent's estate, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate 
consideration and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Finance 
Committee. 



June 4, 1996 



98 SENATE JOURNAL [Second Session 

CALENDAR (Continued) 

S.B. 1286, a bill to expand the membership of the Forestry Council of the 
Department of Environment, Health, and Natural Resources and redefine its 
responsibilities, as recommended by the Environmental Review Commission. 

The bill passes its second (50-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 1328, a bill to implement phase one of the restructuring of environmental 
programs in the Department of Environment, Health, and Natural Resources and 
to make conforming statutory changes, as recommended by the environmental 
process action team of the Department of Environment, Health, and Natural 
Resources and to make clarifying, conforming, and technical amendments to vari- 
ous laws relating to environment, health, and natural resources, as recommended 
by the Environmental Review Commission. 

On motion of Senator Albertson, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (50-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 1078, a bill to clarify the date of the Moratorium Steering Committee's 
final report and to extend the date that the Joint Legislative Commission on 
Seafood and Aquaculture is required to report. 

The bill passes its second (50-0) and third readings and is ordered enrolled. 

On motion of Senator Basnight, seconded by Senator Conder, Majority Leader, 
the Senate adjourns at 2:39 P.M. to meet tomorrow, Wednesday, June 5, at 
1:30 P.M. 



ONE HUNDRED TWENTY-FOURTH DAY 

Senate Chamber 
Wednesday, June 5, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, paraphrasing 
from Anne Weems, as follows: 

"O Lord, some of us have the widow's mite and some of us have millions and 
most of us fall somewhere in between. 

"We know it's our responsibility to give from what we've been given and You 
made it very clear that it is not the size of the gift, but the size of the giver's heart 
that matters. 

"O God, You know our treasures and our hearts. We pray today remembering 
Frank H. Kenan who had much and gave much in order to benefit the universities 
and young people in our State and across this Nation. 



June 5, 1996 



1996] SENATE JOURNAL 99 

"May our hearts, also, swell to the occasion. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of 
yesterday, Tuesday, June 4, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Millard W. 
Wester of Henderson, who is serving the Senate as Doctor of the Day. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it and take its place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 1345, a bill to amend Article 21 of Chapter 143 of the General Statutes to 
establish permits and an inspection schedule for specified animal operations and to 
require enhanced communication including a plan to develop site specific 
management strategies, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Albertson, the rules are suspended, and the proposed 
Committee Substitute bill 4708, which changes the title to read S.B. 1345 
(Committee Substitute), a bill to establish permits for specified animal waste 
management systems, to require annual operation reviews for specified animal 
operations, and to require enhanced communication including a plan to develop 
site-specific management strategies, is placed before the Senate for immediate 
consideration. 

On motion of Senator Albertson the Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for Thursday, June 6, for further 
consideration. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 1078, an act to clarify the date of the Moratorium Steering Committee's 
final report and to extend the date that the Joint Legislative Commission on 
Seafood and Aquaculture is required to report. (Ch. 551) 

WITHDRAWAL FROM CLERK'S OFFICE 

S.B. 1329, a bill to sunset any administrative rule adopted under Chapter 150B 
of the General Statutes ten years after the rule became effective, ordered held in 
the office of the Principal Clerk on May 27 pending referral to committee. 

Pursuant to Rule 43, Senator Rand, Chairman of the Rules and Operation of 
the Senate Committee, announces referral of the bill to the Judiciary 1/ 
Constitution Committee. 



June 5, 1996 



100 SENATE JOURNAL [Second Session 

The Chair orders the bill recalled from the office of the Principal Clerk and 
refers the measure to the Judiciary I/Constitution Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, 
and disposed of, as follows: 

H.B. 1158, a bill to provide for holding the canvass for primaries and elections 
on the third rather than the second day after election day. 
The Chair orders, without objection, the bill temporarily displaced. 

H.B. 1189, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to authorize State-chartered 
banks, savings and loan associations, and savings banks to observe holidays as 
determined by their boards of directors. 

Referred to Commerce Committee. 

H.B. 1190, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to amend the North Carolina 
Reciprocal Interstate Banking Act. 

Referred to Commerce Committee. 

H.B. 1220, a bill to establish qualifications for the positions of State Personnel 
Director and human resources directors of State agencies, departments, and 
institutions. 

Referred to Children and Human Resources Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 294 (House Committee Substitute No. 2), a bill to limit the issuance and 
renewal of barber certificates, permits, and licenses, to establish late fees for 
expired certificates, to make certain revisions to the law governing the Board of 
Barber Examiners and the sanitary rules, and to make conforming changes to the 
Cosmetic Art Act, for concurrence in the House Committee Substitute bill No. 2. 

With unanimous consent, on motion of Senator Rand, the House Committee 
Substitute bill No. 2 is taken up out of its regular order of business, and on his 
further motion consideration of the measure is postponed until Tuesday, June 11. 

S.B. 1119, a bill to provide for holding the canvass for primaries and elections 
on the third rather than the second day after election day. 
On motion of Senator Gulley, Committee Amendment No. 1 is adopted. 
The Chair orders, without objection, the bill temporarily displaced. 

H.B. 1158, a bill to provide for holding the canvass for primaries and elections 
on the third rather than the second day after election day, received as a message 
from the House of Representatives and temporarily displaced earlier today. 



June 5, 1996 



1996] SENATE JOURNAL 101 

On motion of Senator Gulley, the rules are suspended to the end, the bill is 
placed before the Senate for immediate consideration upon its passage. 

The bill passes its second its second (29-21) and third readings and is ordered 
enrolled. 

S.B. 1159, a bill to remove language requiring an attorney's opinion and written 
statement in appeals by indigents from the Industrial Commission to the North 
Carolina Court of Appeals. 

With unanimous consent, on motion of Senator Ballance, the bill is recommitted 
to the Judiciary II/Election Laws Committee. 

INTRODUCTION 

Senator Horton offers a motion that Rule 40 be suspended to allow the 
introduction of the following joint resolution which motion prevails by a two-thirds 
majority vote: 

By Senator Horton: 

S.J.R. 1484, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring the memory of James Gordon 
Hanes, Jr., former State Senator and industrialist. 

On motion of Senator Horton, the rules are suspended to the end the joint 
resolution is placed before the Senate for immediate consideration upon its 
passage. 

The joint resolution passes its second (50-0) and third readings and is ordered, 
with unanimous consent, sent to the House of Representatives by special 
messenger. 

With unanimous consent, on motion of Senator Basnight, the Senate recesses 
at 2:04 P.M. for the purpose of a Pensions and Retirement/Insurance/State 
Personnel Committee meeting to reconvene at 2:09 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it and takes its 
place on the Calendar, as follows: 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

S.B. 1393, a bill to clarify the status of certified employees of the Mecklenburg 
County and Catawba County Sheriffs' Offices for eligibility for benefits afforded to 
law enforcement officers through the North Carolina Local Governmental 
Employees' Retirement System, with a favorable report. 



June 5, 1996 



102 SENATE JOURNAL [Second Session 

CALENDAR (Continued) 

S.B. 1348, a bill to create the Well Contractors and Pump Contractors Certifica- 
tion Commission, to amend the well drillers and pump installers registration 
requirements, and to make various amendments to the Well Construction Act, as 
recommended by the Environmental Review Commission. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business, and on his further motion consideration of the bill 
is postponed until Monday, June 10. 

S.B. 1295, a bill to clarify eligibility under the Salary Continuation Plan for 
employees of the Department of Correction. 

The bill passes its second reading (49-0). 

Senator Odom objects to the third reading of measure. Pursuant to Rule 50, the 
Chair orders the measure placed on the Calendar for tomorrow, Thursday, June 6, 
for further consideration upon third reading. 

S.B. 1317, a bill to provide for the continued solvency of the Commercial Leak- 
ing Petroleum Underground Storage Tank Cleanup Fund and to make other 
changes to the Leaking Petroleum Underground Storage Tank Cleanup Program, as 
recommended by the Environmental Review Commission. 

Senator Blackmon offers Amendment No. 1. 

With unanimous consent, on motion of Senator Blackmon, the rules are 
suspended to grant George Givens of the Research Division privileges of the floor 
to assist in answering questions relative to the measure. 

Amendment No. 1, offered by Senator Blackmon, is adopted (39-11). 

Senator McDaniel offers Amendment No. 2, with a fiscal note attached. 

Senator Cooper offers Amendment No. 3, perfecting Amendment No. 2, which 
is adopted (50-0). 

Senator Sherron offers a motion the bill, as amended, be re-referred to the 
Agriculture/Environment/Natural Resources Committee, which motion fails to 
prevail. 

Amendment No. 2, offered by Senator McDaniel, is adopted (47-3). 

Senator Clark offers Amendment No. 4, to perfect Amendment No. 1. The 
Chair rules Amendment No. 4, out of order and Senator Clark subsequently with- 
draws Amendment No. 4. 

Senator Kerr calls the previous question, seconded by Senator Hoyle. 

Senator Smith requests to be excused from voting on the bill, as amended. 
Pursuant to Rule 29(e), the Chair rules the request out of order as Senator Smith 
previously debated the measure. 

The call for the previous question is sustained. 

The bill, as amended, passes its second reading (47-2). 

Senator Clark objects to the third reading and pursuant to Rule 50, the Chair 
orders the bill, as amended, placed on the Calendar for tomorrow, Thursday, 
June 6, for further consideration upon third reading. 

H.B. 1089 (Committee Substitute), a bill to remove language requiring an attor- 
ney's opinion and written statement in appeals by indigents from the Industrial 
Commission to the North Carolina Court of Appeals and to clarify the procedure 
for such indigent appeals. 



June 5, 1996 



1996] SENATE JOURNAL 103 

The Committee Substitute bill passes its second (48-1) and third readings and is 
ordered enrolled. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 1230, a bill to amend the Charter of Maggie Valley dealing with land-use 
powers and to reflect that the Town has adopted the manager form of government, 
with a favorable report. 

S.B. 1307, a bill to allow Wilson County to acquire property for use by its 
County Board of Education, with a favorable report. 
With unanimous consent, the bill is re-referred to the Finance Committee. 

S.B. 1330, a bill to incorporate the Town of Sedalia, with a favorable report. 
With unanimous consent, the bill is re-referred to the Finance Committee. 

S.B. 1360, a bill to confirm that Stanly County may purchase and convey 
property to the State of North Carolina for use as a correctional facility, with a 
favorable report. 

S.B. 1365, a bill concerning modification of the municipal limits between the 
City of Raleigh and the Town of Garner, with a favorable report. 
With unanimous consent, the bill is re-referred to the Finance Committee. 

S.B. 1374, a bill to authorize the Town of Cerro Gordo to convey by private sale 
certain property to Eugene Green, with a favorable report. 

S.B. 1378, a bill authorizing Durham County to enter into contracts to construct 
sidewalks within the County's jurisdiction, with a favorable report. 

S.B. 1385, a bill to authorize the Durham City Council to determine the number 
of regular meetings of the City Council to be held each month, with a favorable 
report. 

S.B. 1389, a bill to deannex and detach a small area of land from the corporate 
limits of the City of Albemarle, North Carolina, with a favorable report. 
With unanimous consent, the bill is re-referred to the Finance Committee. 

S.B. 1399, a bill authorizing Columbus County to enter into leases for terms not 
longer than twenty years, with a favorable report. 

S.B. 1400, a bill to provide for a referendum in Brunswick County on the 
questions of changing the terms of office of the Brunswick County Board of Com- 
missioners and the Brunswick County Board of Education from two years to four 
years, with a favorable report. 



June 5, 1996 



104 SENATE JOURNAL [Second Session 

S.B. 1409, a bill to establish the criminal offenses in Montgomery County of 
trespass on pine straw production land and larceny of pine straw, with a favorable 
report, as amended. 

CALENDAR (Continued) 

H.B. 1090, a bill to remove the requirement for workers' compensation coverage 
for subcontractors with no employees. 

The bill passes its second reading (48-0). 

With unanimous consent, the bill remains before the Senate for further consider- 
ation upon third reading. 

Following debate, Senator Winner offers a motion the bill be placed on the 
Calendar for tomorrow, June 6, for further consideration upon third reading which 
motion prevails with unanimous consent. 

The Chair orders the bill placed on the Calendar for Thursday, June 6, upon 
third reading. 

H.B. 1173, a bill to allow precinct assistants to work split shifts. 

The bill passes its second (50-0) and third readings and is ordered enrolled. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

H.B. 1165, a bill to increase giving to charitable nonprofit organizations by 
exempting from sales and use tax tangible personal property that is manufactured 
or purchased for resale by a wholesale merchant or a retailer and then donated to 
a charitable nonprofit organization, by expanding the State corporate income tax 
deduction for charitable contributions, and by providing an income tax credit for 
certain charitable contributions by individuals who cannot deduct the contributions 
because they do not itemize, with a favorable report. 

S.B. 1198, a bill to clarify the requirements concerning imports and exports of 
motor fuel under the "tax at the rack" laws and to make other adjustments to 
those laws, with a favorable report. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

H.B. 910, a bill to require the use of certain safety equipment by children when 
they are bicycle operators or passengers, with an unfavorable report as to bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Senate 
Committee Substitute bill 4249 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

On motion of Senator Cooper, the Senate Committee Substitute bill is placed on 
the Calendar for Tuesday, June 11, for further consideration. 



June 5, 1996 



1996] SENATE JOURNAL 105 

COMMITTEE REFERRAL RECALL 

S.B. 1108, a bill to provide that chocolate milk that is exempt from soft drink tax 
is not required to register with the Department of Revenue for the exemption, 
referred to the Finance Committee on May 14. 

Pursuant to Rule 47(b), Senator Kerr offers a motion the bill be taken from the 
Finance Committee and re-referred to the Appropriations Committee, which 
motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Finance Committee and refers the 
measure to the Appropriations Committee. 

CALENDAR (Continued) 

S.B. 1119, a bill to provide for holding the canvass for primaries and elections 
on the third rather than the second day after election day, temporarily displaced 
earlier. 

With unanimous consent, on motion of Senator Gulley, the bill is recommitted 
to the Judiciary II/Election Laws Committee. 

The Chair extends courtesies of the floor to Elaine Marshall, former Senator from 
Harnett County. 

On motion of Senator Basnight, seconded by Senator Carrington, the Senate 
adjourns at 4:00 P.M. to meet tomorrow, Thursday, June 6, at 1:00 P.M. 



ONE HUNDRED TWENTY-FIFTH DAY 

Senate Chamber 
Thursday, June 6, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Neal Carter, Pastor of Beulaville Presbyterian 
Church in Beulaville, as follows: 

"Eternal God, we commend our State to Your merciful care, that we may live 
securely in peace and may be guided by Your Providence. Give all in authority the 
wisdom and strength to know Your Will and to do it. Defend our liberties and 
give those whom we have entrusted with the authority of government the spirit of 
wisdom. Make every person in authority an agent of reconciliation, and every 
diplomat an ambassador of hope. Help them remember that they are called to 
serve the people as lovers of truth and justice. Help the citizens of this State also 
to recognize their responsibilities in seeking truth and justice. 

"Be with Senator Ledbetter and his family today as they mourn the loss of his 
eighty-three-year-old sister. 

"Bless our State with honest industry, sound learning, and an honorable way of 
life. As Mark Twain said that there is no unimportant life, may our State policies 



June 6, 1996 



106 SENATE JOURNAL [Second Session 

reflect that sentiment that there is no life story in our State that is unimportant. 
Teach us that we are all children of Your Love. Give us peace, hope, and mercy 
today, tomorrow, and forevermore. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of 
yesterday, Wednesday, June 5, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Dan Albright 
of Raleigh, who is serving the Senate as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 1171, a bill to allow Surry County to acquire property for use by its County 
Board of Education, with a favorable report. 
With unanimous consent, the bill is re-referred to the Finance Committee. 

S.B. 1172, a bill to authorize the Rockingham Board of Equalization and Review 
to meet after its formal adjournment, with a favorable report. 

S.B. 1174, a bill to allow Rockingham County to acquire property for use by its 
County Board of Education and to clarify the filing date for members of the 
Rockingham County Consolidated Board of Education, with a favorable report. 

S.B. 1213, a bill to allow cancellation by exhibition of a note secured by a deed 
of trust or mortgage in Buncombe County regardless of the date of endorsement, 
with a favorable report. 

S.B. 1221, a bill relating to sales of seized, unclaimed property by the City of 
Winston-Salem, with a favorable report. 

S.B. 1222, a bill amending the Charter of the City of Winston-Salem relating to 
the sale of property, with a favorable report. 

S.B. 1223, a bill relating to the daily deposit of collections and receipts by the 
City of Winston-Salem, with a favorable report. 

S.B. 1319, a bill to allow the City of Reidsville to delay the effective date of 
annexations as to a specified tract and to exempt the annexation of Two City Lakes 
from the ceiling on satellite annexations, with a favorable report. 

With unanimous consent, the bill is re-referred to the Finance Committee. 

S.B. 1377, a bill establishing the Harmon Field Board of Supervisors for admin- 
istration of Harmon Field located in Polk County, with a favorable report. 



June 6, 1996 



1996] SENATE JOURNAL 107 

S.B. 1392, a bill to annex a described area to the Town of Aberdeen, with a 
favorable report. 
With unanimous consent, the bill is re-referred to the Finance Committee. 

S.B. 1397, a bill to incorporate the Village of Sloop Point in Pender County, 
with a favorable report. 
With unanimous consent, the bill is re-referred to the Finance Committee. 

S.B. 1412, a bill to reinstate the "no wake zone" within one hundred fifty yards 
of Seafood World in Topsail Sound and to repeal the prohibition on "no wake 
zones" in Pender County, with a favorable report. 

S.B. 1202, a bill to include Alleghany County and Surry County among those 
counties that require consent of the board of county commissioners before land 
may be condemned or acquired by a unit of local government outside the county, 
with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate 
consideration and Committee Amendment No. 1 is adopted, changing the title to 
read S.B. 1202, a bill to include Alleghany County and Surry County among those 
counties that require consent of the board of county commissioners before land 
may be condemned or acquired by a unit of local government outside the county 
and to permit Surry County to construct an emergency medical services building. 

The Chair orders the bill, as amended, engrossed and re-referred to the Finance 
Committee. 

S.B. 1313, a bill to incorporate the Town of Castle Hayne, subject to a 
referendum, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consid- 
eration and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Finance 
Committee. 

S.B. 1405, a bill to create a new offense of third degree trespass in Surry 
County, with a favorable report, as amended. 

S.B. 1396, a bill to amend the Nursing Home Advisory Committee law and the 
ombudsman law as it affects New Hanover County, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Jordan, the rules are suspended, and the proposed 
Committee Substitute bill 1828 is placed before the Senate for immediate 
consideration, and on his further motion, is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Monday, June 10, for further consideration. 
. 

By Senator Speed for the Transportation Committee: 

S.B. 1181, a bill to allow utility poles carried on side-loaders to extend more 
than three feet beyond the front bumper of the vehicle, with a favorable report, as 
amended. 



June 6, 1996 



108 SENATE JOURNAL [Second Session 

S.B. 1270, a bill to authorize the Department of Transportation to establish 
speed limits up to seventy miles per hour on designated parts of controlled access 
highways, with a favorable report. 

S.B. 1294, a bill to conform the motor vehicle laws to the federal deregulation 
of trucking and to make technical changes to the motor vehicle laws, with a 
favorable report. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 1314, a bill to improve water quality by establishing a goal to reduce the 
average load of nitrogen delivered to the Neuse River Estuary from point and 
nonpoint sources by thirty percent of the average annual load for the period 1991 
through 1995 by the year 2001 and to require the Environmental Management 
Commission to develop a plan to achieve this goal, as recommended by the 
Environmental Review Commission, with a favorable report. 

S.B. 1351, a bill to develop riparian buffers to protect water quality and natural 
resources, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Albertson, the proposed Committee Substitute bill 6687 
is placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Plexico for the Education/Higher Education Committee: 

S.B. 1220, a bill to repeal the local pay date for the Kings Mountain schools, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Plexico, the rules are suspended, and the proposed 
Committee Substitute bill 8733, which changes the title to read S.B. 1220 
(Committee Substitute), a bill to repeal the local pay dates for certain employees 
of various local school administrative units, is placed before the Senate for 
immediate consideration. 

On motion of Senator Plexico, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Monday, June 10, for further consideration. 

By Senator Perdue for the Appropriations Committee: 

S.B. 1108, a bill to provide that chocolate milk that is exempt from soft drink tax 
is not required to register with the Department of Revenue for the exemption, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the rules are suspended, and the proposed 
Committee Substitute bill 8734, which changes the title to read S.B. 1108 
(Committee Substitute), a bill to provide that milk products that are exempt from 
the soft drink tax are not required to register with the Department of Revenue for 
the exemption, is placed before the Senate for immediate consideration. 



June 6, 1996 



1996] SENATE JOURNAL 109 

On motion of Senator Perdue, the Committee Substitute bill is adopted. 
With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Monday, June 10, for further consideration. 

S.B. 1122, a bill to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding, with 
a favorable report. 

S.B. 1239, a bill to exempt from sales and use tax free samples of prescription 
drugs distributed by the manufacturer, with a favorable report. 

By Senator Sherron for the Finance Committee: 

H.B. 1119, a bill to delete the requirement that a company add back to its net 
worth franchise tax base the amount of its loans that are payable to an unrelated 
company but are endorsed or guaranteed by a related company, as recommended 
by the Department of Revenue, with a favorable report. 

S.B. 1379, a bill authorizing Durham County to increase its fee for issuing 
weapons permits or licenses, with a favorable report. 

S.B. 1380, a bill authorizing Durham County to accept payments in lieu of 
required street and sidewalk construction, with a favorable report. 

S.B. 1386, a bill to amend the Charter of the City of Durham to allow payment 
of assessments over a longer period and at a reduced interest rate in cases of 
special financial hardship, with a favorable report, as amended. 

S.B. 678 (Committee Substitute), a bill to allow money credited to the Consumer 
Protection Fund to be used to retain experts for hearings and to require that 
money recovered from delinquency proceedings or civil actions against the 
Commissioner be credited to the Fund, with an unfavorable report as to Com- 
mittee Substitute bill No. 1, as written by the Pensions and Retirement/Insurance/ 
State Personnel Committee, but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Committee Substitute bill No. 2, 4710, is placed before the Senate for immediate 
consideration, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for Monday, June 10, for further consideration. 

CALENDAR 

S.B. 1400, a bill to provide for a referendum in Brunswick County on the 
questions of changing the terms of office of the Brunswick County Board of 
Commissioners and the Brunswick County Board of Education from two years to 
four years, on today's Calendar. 

With unanimous consent, on motion of Senator Soles, the bill is taken up out of 
its regular order of business, and on his further motion consideration of the bill is 
postponed until Thursday, June 13. 



June 6, 1996 



110 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES (Continued) 
By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 1228, a bill to allow community penalties programs to obtain criminal 
record checks of targeted offenders, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, 
and disposed of, as follows: 

H.B. 1147, a bill to update the reference to the Internal Revenue Code used in 
defining and determining certain State tax provisions. 
Referred to Finance Committee. 

H.B. 1159, a bill to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding. 

Referred to Judiciary II/EIection Laws Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

H.B. 1291, a bill recommended by the Legislative Study Commission on Welfare 
Reform to correct the law regarding the food stamp felony fraud threshold. 
Referred to Judiciary II/Election Laws Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled and they are 
duly ratified and sent to the Office of the Secretary of State: 

H.B. 1089 (Committee Substitute), an act to remove language requiring an 
attorney's opinion and written statement in appeals by indigents from the 
Industrial Commission to the North Carolina Court of Appeals and to clarify the 
procedure for such indigent appeals. (Ch. 552) 

H.B. 1158, an act to provide for holding the canvass for primaries and elections 
on the third rather than the second day after election day. (Ch. 553) 

H.B. 1173, an act to allow precinct assistants to work split shifts. (Ch. 554) 

CALENDAR 

S.B. 1345 (Committee Substitute), a bill to establish permits for specified animal 
waste management systems, to require annual operation reviews for specified 
animal operations, and to require enhanced communication including a plan to 
develop site-specific management strategies, on today's Calendar. 

With unanimous consent, on motion of Senator Perdue, the Committee 
Substitute bill is taken up out of its regular order of business, and on her further 



June 6, 1996 



1996] SENATE JOURNAL ln 

motion the Committee Substitute bill is recommitted to the Agriculture/ 
Environment/Natural Resources Committee. 

H.B. 1165, a bill to increase giving to charitable nonprofit organizations by 
exempting from sales and use tax tangible personal property that is manufactured 
or purchased for resale by a wholesale merchant or a retailer and then donated to 
a charitable nonprofit organization, by expanding the State corporate income tax 
deduction for charitable contributions, and by providing an income tax credit for 
certain charitable contributions by individuals who cannot deduct the contributions 
because they do not itemize, on today's Calendar. 

With unanimous consent, on motion of Senator Plyler, the bill is taken up out of 
its regular order of business and on his further motion the bill is re-referred to the 
Appropriations Committee. 

COMMITTEE REFERRAL RECALL 

S.J.R. 1210, a joint resolution honoring the memory of James Gordon Hanes, 
Jr., former State Senator and industrialist, referred to the Rules and Operation of 
the Senate Committee, on May 16. 

Pursuant to Rule 47(b), Senator Rand offers a motion the joint resolution be 
taken from the Rules and Operation of the Senate Committee and placed on the 
Calendar for Monday, June 10, which motions he subsequently withdraws. 

CALENDAR 

S.B. 1295, a bill to clarify eligibility under the Salary Continuation Plan for 
employees of the Department of Correction, on today's Calendar, upon third 
reading. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business, and on his further motion consideration of the bill 
is postponed until Tuesday, June 11. 

COMMITTEE REFERRAL RECALL 

H.B. 1190, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to amend the North Carolina 
Reciprocal Interstate Banking Act, referred to the Commerce Committee on 
June 5. 

Pursuant to Rule 47(b), Senator Parnell offers a motion the bill be taken from 
the Commerce Committee and placed on today's Calendar immediately following 
S.B. 1163 which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Commerce Committee and places it 
on today's Calendar immediately following S.B. 1163 for consideration upon its 
passage. 

H.B. 1189, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to authorize state-chartered 
banks, savings and loan associations, and savings banks to observe holidays as 
determined by their boards of directors, referred to the Commerce Committee on 
June 5. 

Pursuant to Rule 47(b), Senator Parnell offers a motion the bill be taken from 



June 6, 1996 



112 SENATE JOURNAL [Second Session 

the Commerce Committee and placed on today's Calendar immediately following 
S.B. 1209 which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Commerce Committee and places it 
on today's Calendar immediately following S.B. 1209 for consideration upon its 
passage. 

CALENDAR 

S.B. 1163, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to amend the North Carolina 
Reciprocal Interstate Banking Act, on today's Calendar. 

With unanimous consent, on motion of Senator Parnell, the bill is taken up out 
of its regular order of business, and upon his further motion the Chair orders the 
bill temporarily displaced. 

S.B. 1209, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to authorize state-chartered 
banks, savings and loan associations, and savings banks to observe holidays as 
determined by their boards of directors, on today's Calendar. 

With unanimous consent, on motion of Senator Parnell, the bill is taken up out 
of its regular order of business, and upon his further motion the Chair orders the 
bill temporarily displaced. 

WITHDRAWAL FROM CALENDAR 

S.B. 1400, a bill to provide for a referendum in Brunswick County on the 
questions of changing the terms of office of the Brunswick County Board of 
Commissioners and the Brunswick County Board of Education from two years to 
four years, placed earlier today on the Calendar for Thursday, June 13. 

Senator Soles offers a motion the bill be taken from the Calendar for Thursday, 
June 13, and placed on the Calendar for Wednesday, June 12, which motions 
prevail with unanimous consent. 

The Chair orders the bill taken from the Calendar for Thursday, June 13, and 
places it on the Calendar for Wednesday, June 12, for consideration upon its 
passage. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 1374, a bill to authorize the Town of Cerro Gordo to convey by private sale 
certain property to Eugene Green, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, McKoy, Page, Parnell, Perdue, Plexico, Plyler, 
Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, and Winner — 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 10, for further 
consideration upon third reading. 



June 6, 1996 



1996] SENATE JOURNAL 113 

S.B. 1360, a bill to confirm that Stanly County may purchase and convey prop- 
erty to the State of North Carolina for use as a correctional facility. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1378, a bill authorizing Durham County to enter into contracts to construct 
sidewalks within the County's jurisdiction. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1385, a bill to authorize the Durham City Council to determine the number 
of regular meetings of the City Council to be held each month. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1393, a bill to clarify the status of certified employees of the Mecklenburg 
County and Catawba County Sheriffs' Offices for eligibility for benefits afforded to 
law enforcement officers through the North Carolina Local Governmental 
Employees' Retirement System. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1399, a bill authorizing Columbus County to enter into leases for terms not 
longer than twenty years. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1409, a bill to establish the criminal offenses in Montgomery County of 
trespass on pine straw production land and larceny of pine straw. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 1230, a bill to amend the Charter of Maggie Valley dealing with land-use 
powers and to reflect that the Town has adopted the manager form of government. 
The bill passes its second and third readings and is ordered enrolled. 

S.B. 1198, a bill to clarify the requirements concerning imports and exports of 
motor fuel under the "tax at the rack" laws and to make other adjustments to 
those laws, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, 
Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, Webster, and 
Winner— 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 10, for further 
consideration upon third reading. 



June 6, 1996 



114 SENATE JOURNAL [Second Session 

H.B. 1190, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to amend the North Carolina 
Reciprocal Interstate Banking Act, placed earlier today on the Calendar. 

The bill passes its second (48-0) and third readings and is ordered enrolled. 

H.B. 1189, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to authorize state-chartered 
banks, savings and loan associations, and savings banks to observe holidays as 
determined by their boards of directors, placed earlier today on the Calendar. 

The bill passes its second (49-0) and third readings and is ordered enrolled. 

S.B. 1163, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to amend the North Carolina 
Reciprocal Interstate Banking Act, temporarily displaced earlier. 

With unanimous consent, on motion of Senator Perdue the bill is recommitted to 
the Commerce Committee. 

S.B. 1209, a bill to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to authorize state-chartered 
banks, savings and loan associations, and savings banks to observe holidays as 
determined by their boards of directors, temporarily displaced earlier. 

With unanimous consent, on motion of Senator Parnell the bill is recommitted to 
the Commerce Committee. 

NOTICE OF INTENTION TO RECALL 

S.B. 1338, a bill to repeal the increase in the corporate income tax enacted in 
1991, referred to the Finance Committee on May 27. 

Senator McDaniel rises and gives notice, pursuant to Rule 47, of his intention to 
recall the bill from the Finance Committee. 

S.B. 1337, a bill to repeal the increase in the individual income tax enacted in 
1991, referred to the Finance Committee on May 27. 

Senator McDaniel rises and gives notice, pursuant to Rule 47, of his intention to 
recall the bill from the Finance Committee. 

CALENDAR (Continued) 

S.B. 1317, a bill to provide for the continued solvency of the Commercial Leak- 
ing Petroleum Underground Storage Tank Cleanup Fund and to make other 
changes to the Leaking Petroleum Underground Storage Tank Cleanup Program, as 
recommended by the Environmental Review Commission, as amended, upon third 
reading. 

Senator Clark offers Amendment No. 5 to amend the bill as amended by 
Amendment No. 1. 

Senator Blackmon calls the previous question, seconded by Senator Odom. The 
call is sustained. 

Amendment No. 5, offered by Senator Clark, is adopted (47-1). 

The bill, as amended, passes its third reading (46-2). 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 



June 6, 1996 



1996] SENATE JOURNAL 115 

H.B. 1090, a bill to remove the requirement for workers' compensation coverage 
for subcontractors with no employees, upon third reading. 
The bill passes its third reading and is ordered enrolled. 

On motion of Senator Basnight, seconded by Senator Ballance, the Senate 
adjourns at 2:13 P.M. in recognition, honor, and commemoration of World War II 
D-Day to meet Monday, June 10, at 7:00 P.M. 



ONE HUNDRED TWENTY-SIXTH DAY 

Senate Chamber 
Monday, June 10, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, paraphrasing 
a prayer by Peter Marshall, as follows: 

"Almighty God, without You we can do nothing and with You all things are 
possible. Never let our personal pride or strong wills keep us from confessing that 
revelation. 

"In the important decisions that must be made this week, help us, O Lord, when 
we want to do the right thing — but don't know yet what it is. Help us most when 
we know very well what we ought to do and don't want to do it. 

"Have mercy on us and help us, O God. In Your Most Holy Name, we pray, 
Amen." 

With unanimous consent, the President grants leaves of absence for tonight to 
Senator Winner. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
June 6, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Eugene M. 
Bozymski of Chapel Hill, who is serving the Senate as Doctor of the Day. 

COURTESIES 

With unanimous consent, on motion of Senator McDaniel, privileges of the floor 
are extended to Stephen Thomas Reeves and his parents, Mr. and Mrs. Thomas 
Reeves. 

The Chair recognizes Senator Basnight, President Pro Tempore, who appoints 
Senator McDaniel of Forsyth, Senator Horton of Forsyth, Senator Cochrane of 



June 10, 1996 



116 SENATE JOURNAL [Second Session 

Davie, and Senator Sherron of Wake to escort the guests to the Well of the 
Senate. The guests are received by the Senate standing. 

With unanimous consent on motion of Senator Cochrane, the remarks of 
Senator McDaniel and Lieutenant Governor Wicker, congratulating Stephen 
Thomas Reeves, and the remarks of Stephen Thomas Reeves are spread upon the 
Journal, as follows: 

By Senator McDaniel: 

"Thank you, Mr. President. This is a distinct honor. I am going to introduce 
to you today one of the distinguished citizens of this State, Mr. Stephen Reeves. 
He is truly the embodiment of the American dream. He is an example of an 
individual who has achieved, with his talents, all that God has given him. He is 
the motivation coach for the West Forsyth High School Titan Football Team. He 
received a varsity letter at West Forsyth for his help with that team of perennial 
football power. 

"Since 1994, he has made over one hundred presentations in the community on 
behalf of the United Way and the Arc of Forsyth County telling his story, T Am 
a Person First.' He was recognized by the Winston-Salem Mayor's Council for 
Persons with Disabilities as the 1995 Youth Volunteer of the Year. He serves as 
an usher and a soloist at Trinity Friends Church and has delivered a sermon there. 
He is a volunteer for the Food Bank, the Sherwood Forest Elementary School, and 
the Disability Resource Center. He has been nominated, appropriately enough, to 
carry the Olympic Torch. 

"This is an individual who just received his graduation certificate from West 
Forsyth High School, the first in history. The State of North Carolina — and I'm 
reading this as a commendation to you Stephen: 

The State of North Carolina, be it known to all, that 
the Senate of the North Carolina General Assembly 
presents this certificate of acknowledgment and con- 
gratulations to Stephen Thomas Reeves in recognition 
of your graduation from West Forsyth High School and 
your tenacity and persistence in achieving this mile- 
stone in your life. This tenth day of June 1996 signed 
myself, Senator Betsy Cochrane, Senator Hamilton 
Horton, and on behalf of the entire North Carolina 
Senate, the President of the Senate, Lieutenant 
Governor Dennis Wicker." 

Senator McDaniel presents the certificate to Mr. Reeves and the Senate 
responds with an ovation. 

By Stephen Thomas Reeves: 

"Thank you, for letting me come and thanks for letting Mark say that speech for 
me; and I'm so happy. I'm excited for the flag; and I'm excited because I'm going 
to hold the torch in the Olympics; and thanks for letting me come tonight to speak 
for ya'll; and I'm going to like it tonight. And please, I wanna be a country singer 
and I'm going to Nashville to be like my brother, Clay Walker." 

The Senate responds with an ovation. 

By Lieutenant Governor Wicker: 

"Stephen, on behalf of the Senate we want to present you with the North 



June 10, 1996 



1996] SENATE JOURNAL 117 

Carolina Flag. We believe the North Carolina Flag symbolizes your courage, your 
dedication, and we certainly want you to know you are an inspiration to each and 
every one of us in this State. We love you and we wish you the best of luck. 
Thank you, very much for sharing your story with us tonight. Thank you. " 

The committee escorts the guests from the Chamber with the Senate standing. 

COURTESIES 

Senator Ballance rises to a point of personal privilege and offers the following 
remarks: 

"Mr. President, we have with us, by invitation, tonight Mr. Chance D. Lynch, a 
twelve-year-old student from Eastman Middle School in Halifax County. He is a 
young orator and I'd like permission to invite him to the Well of the Senate to 
make a few remarks to this Senate." 

With unanimous consent, Senator Basnight, appoints Senator Ballance, Senator 
Lucas, and Senator Parnell, and Senator Cochrane to escort Mr. Lynch to the Well 
of the Senate. The guest is received by the Senate standing. 

With unanimous consent, on motion of Senator Basnight, the remarks of Senator 
Ballance, Mr. Lynch, and Lieutenant Governor Wicker are spread upon the 
Journal, as follows: 

By Senator Ballance: 

"Thank you, Mr. President. This young man, as I said, is twelve years of age. 
His mother is here — Mrs. Donna Lynch is seated in the gallery. She is a member 
of the Halifax County Board of Education. His father is here, Mr. Wayne Lynch, 
and we'd ask that he be allowed to film as he is already doing. Mr. President, this 
young man — I have heard him speak on several occasions — he is a great orator. 
He was a little nervous tonight so he wrote his speech down, but he might put it 
aside. I'd like at this time to present to the Senate, Mr. Chance D. Lynch." 

By Chance D. Lynch: 

"Good evening, Mr. President and Members of the Senate. First, giving honor 
to God for my being here today and to be able to share in this special occasion, 
truly it is an honor to be able to be in your presence. 

"Our text this evening comes from one of the familiar parables of our Lord and 
Master, found in the Eleventh Chapter of the Gospel as recorded by Luke. 
And he said to them, 'Which of you shall have a 
friend, and go to him at midnight and say to him, 
friend, lend me three loaves; for a friend of mine has 
come to me on his journey and I have nothing to set 
before him.' And he will answer from within and say, 
'Do not trouble me; the door is now shut, and my 
children are with me in bed. I cannot rise and give to 
you.' 
"As you read on, you will note the man did rise and give the man as many 
loaves as he needed. Not only did he rise because he was his friend, but because 
of his importunities. 

"Now this is a parable dealing with the power of persistent prayer. And as I 
look within this parable, I see within it a basic outline and a basic guide in dealing 



June 10, 1996 



118 SENATE JOURNAL [Second Session 

with many of the problems that we confront in our nation and in the world today. 
Now, the first thing we notice about this parable that it's midnight. It is also 
midnight in our world today. And we are experiencing a darkness so deep that we 
can hardly see which way to turn. It's midnight. 

"It's midnight in the social order. And you see, the real danger is, if we don't 
change our course in this world, all of the modern weapons of warfare will soon 
inspire to bring an untimely death to the human race on this globe. It's midnight! 

"The late President Kennedy said, 'Mankind must put an end to war or war will 
put a end to mankind.' Not only is it midnight in man's collective life, it's mid- 
night in his individual life. It's midnight in the psychological order. People are 
more worried, more frustrated, more bewildered today than in any period in the 
human history. So many of us find those clouds of anxiety floating in our mental 
skies. The psychiatric wards of our hospitals are full today. So many today are 
using drugs and alcohol to solve their problems, but, not only is it midnight in the 
social and psychological order, it is midnight in the moral order. It is midnight. 

"Midnight is a time when all colors lose their distinctiveness, and everything 
merely becomes a dirty shade of gray. In the sense of the moral order, midnight 
is a time when all moral values lose their distinctiveness. So in our world today, 
for so many people, there's nothing absolutely right — nothing absolutely wrong — 
it's just the matter of what the majority of people are doing. Over and over again 
we see this. Most people live by the philosophy 'everybody is doing it' so it must 
be right. It's midnight in the moral order. You know, midnight is a time when 
everybody is trying to get by. And some of us also live by the philosophy 'the only 
thing right is to get by, the only thing wrong is to get caught.' It's midnight in the 
social order. It's midnight in the psychological order. It's midnight in the moral 
order. But, as in the parable, so in our world today, the deep darkness of mid- 
night is interrupted by a knock. 

"The parable talked about this man seeking three loaves of bread, physical 
bread. In our world today, men and women are in search of three loaves of 
spiritual bread. They want the bread of faith. So many people have lost faith in 
themselves; they've lost faith in their neighbor; they've lost faith in God. And in 
the midst of this faithlessness, they find themselves crying out, 'O Lord, I believe, 
but help Thy my unbelief.' They want the bread of faith. 

"And in the midst of this faithlessness there is a quest for the bread of hope. 
Everybody needs this bread — everybody wants it! When you stop hoping, you die. 
And yet, so many people have lost hope today. They feel they have nothing to 
look forward to. So many young people have become cynical. They see all the 
problems of the world. So many young men feel that there is nothing to look 
forward to in life, but going to jail. They want the bread of hope. 

"And in the midst of this hopelessness, there's a quest for the bread of love. 
Everybody needs this bread. First, we need it in two ways. First, we need to 
learn how to love. A great problem of mankind is still there is too much hatred 
around. We've got to learn to love. Second way is more than anything else, we 
have to learn to love ourselves. That is our obligation. 

"My elected officials, you have the bread of life. Keep the bread fresh. Don't 
let it get stale, because somebody's coming by here to try to find a little bread. 
Some young man who has made a mistake in life, caught up in tragic guilt feelings, 
gonna come by here one day. Somebody who has made a mistake in life, some 
young person who tried to drown the guilt feelings by finding the answer elsewhere 
gonna come by here one day. They tried to find it in a night club; they didn't find 



June 10, 1996 



1996] SENATE JOURNAL 119 

it there. They tried to find it in excessive drinking; they didn't find it there. They 
tried to find it in sexual promiscuity; they didn't find it there. But one day they 
are coming by here and keep the bread fresh enough to let them know. They are 
gonna be worried about bad health, and they're gonna be worried about little 
death. They need a little bread to tide them over, one day they're coming by. 
Keep the bread fresh enough to let them know — they don't have to worry about 
death if they love God. Keep the bread fresh enough to let them know that death 
is not a period which ends this great sentence of life, but a comma that punctuates 
it to mellifluous significance. Keep the bread fresh enough to let them know that 
death is not a blind alley that leads the human race into a state of nothingness, but 
an open door that leads man into life eternal. Keep the bread fresh enough to 
crowd one day. 

"I am persuaded that neither life nor death, angels nor principalities, things 
present nor things to come, can separate us from the love of God which is in 
Christ Jesus our Lord. Keep the bread fresh. 

"My last point is that man, who knocked on the door, was just trying to get 
enough bread to tide him over until the dawn. He knew the morning would come. 
I want to leave with you this evening this thought — many people in this State are 
depending on you to keep their bread fresh. My elected officials, may God bless 
you, and may Heaven smile upon you." 

The Senate acknowledges the remarks of Mr. Lynch with applause. 

Lieutenant Governor Wicker: 

"We certainly, on behalf of the Senate want to, also, present you with a State 
flag. I hope that you're as proud of it, and I know that you are, as we are of you. 
We appreciate you coming by and displaying and sharing with us your oratory 
skills. He told me he wrote that speech. And I'm going to tell you something — 
don't let anybody talk you out of borrowing that speech as you leave the 
Chamber — okay? We're very proud of you. Good luck and Godspeed to you. 
Thank you very much for sharing it with us." 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled and they are 
duly ratified and sent to the Office of the Secretary of State: 

H.B. 1090, an act to remove the requirement for workers' compensation cover- 
age for subcontractors with no employees. (Ch. 555) 

H.B. 1189, an act to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to authorize State-chartered 
banks, savings and loan associations, and savings banks to observe holidays as 
determined by their boards of directors. (Ch. 556) 

H.B. 1190, an act to implement a recommendation of the Legislative Research 
Commission's Financial Institutions Issues Committee to amend the North Carolina 
Reciprocal Interstate Banking Act. (Ch. 557) 

H.B. 1230, an act to amend the Charter of Maggie Valley dealing with land-use 
powers and to reflect that the Town has adopted the manager form of government. 
(Ch. 558) 



June 10, 1996 



120 SENATE JOURNAL [Second Session 

INTRODUCTION 

Senator Horton offers a motion that Rule 40 be suspended to allow the 
introduction of the following joint resolution filed tonight, which motions prevails 
by a two-thirds majority vote. 

By Senator Horton: 

S.J.R. 1485, a joint resolution honoring the memory of James Gordon Hanes, 
Jr., former State Senator and industrialist. 

On motion of Senator Horton, the joint resolution is placed before the Senate 
for immediate consideration and on his further motion the joint resolution is read 
in its entirety. 

With unanimous consent, on motion of Senator Cochrane, the remarks of the 
Senators memorializing the life and memory of James Gordon Hanes, Jr., are 
spread upon the Journal, as follows: 

By Senator Horton: 

"Thank you, Mr. President. As the Members of this Body have heard, Gordon 
Hanes was a former member of this Chamber. He died August thirty-first of last 
year at the age of seventy-nine. His was a full life, lived with great gusto, unfail- 
ing humor, and unstinting service to others. I won't dwell in his rise on the 
business world, but to head one of the State's largest industries, retiring as Chair- 
man of the Board in 1978; nor will I dwell on his well-known elective service to 
this State as one of our Senators from Forsyth County during the 1963 and 1965 
Sessions. He was here when we moved to these new Chambers, and it was during 
that time that he shuffled it through this Body the adoption of the Uniform Com- 
mercial Code, and fought for a higher minimum wage and for the conservation of 
all of our natural resources. 

"But let me do mention a lesser-known and perhaps more profoundly significant 
aspect to his life, and that was his sharing of his earthly goods with all of his 
fellow North Carolinians. In all of this he exemplified the motto 'Esse Quam 
Videre' because he never sought the limelight in his giving, never made a gift for 
a personal income tax deduction. Rather he moved directly to where people were 
hurting and quietly helped. 

"When the Black Panthers appeared in Winston-Salem causing consternation 
and a no little anxiety in our community — which always thought that race relations 
were just fine, thank you — the people in the Panthers organization were surprised 
one day to find Gordon Hanes walking up their walk. He sat down with them, 
heard their concerns, listened to what their grievances were, and quietly set about 
helping. He began contributing to their ambulance service and continued for a 
number of years and changed that organization. In fact, it wasn't until after he 
died that it was developed that he had quietly helped go through law school one 
of the former Black Panthers in our community. 

"When he was in East Africa, he went to the Olduvai Gorge where old Dr. 
Leakey, who discovered the very earliest of mankind's remains, and visited there 
and noticed that they didn't have any electric lights. After the visit and after he 
had returned, somehow, somewhere, they found an electric generator, thanks to 
Gordon Hanes. Electric lights were for the first time there in that great 
anthropologist's camp. 

"He was great fun, often outrageous wit who held and defended with tenacity 
and charm opinions that were unpopular, sometimes even unique, and he poked 



June 10, 1996 



1996] SENATE JOURNAL 121 

fun at himself over it. He was in England one time and had a coat of arms 
designed for himself and the motto he chose was 'Often wrong, but never in 
doubt.' 

"But perhaps Gordon Hanes will be remembered by our State as a whole for his 
immense contribution to the Arts. He is the leading patron of the North Carolina 
Museum of Art having contributed more than one hundred and thirty works to 
that collection. And his personal searching out and acquiring of an incredible 
collection of African and Egyptian art gave us something that, given the rules of 
the customs service these days, we'll probably never be able to equal again. He 
served on the Board of Trustees of the Museum of Art for eighteen years, seven 
as its Chairman, and was intimately involved in the move from the old Art Gallery 
down here off of Capitol Square to the new one out on Blue Ridge Road. And 
he brought recognition to North Carolina and its arts community through his 
appointments to the Collections Committee and the Trustees Council of the 
National Gallery of Arts and the National Center of the Whitney Museum in New 
York, as well as the Directorship for the Folger Shakespeare Library. 

"It is well, Mr. President, that the Senate do honor to the life and memory of 
this titan whose love and his contribution to his native State has had few parallels. 
His community of Forsyth County and this State have suffered a great loss. May 
flights of angels wing him to his rest. 

"He is survived by his wife of fifty-four years, seated in the gallery, his son 
James Gordon Hanes III, Eldridge Copenhaver Hanes who is following him in a 
public career, seated with him and his wife, Jane, and a daughter Margaret 
Drewry, Countess Von Nostitz. 

"Mr. President, I would move that this Senate do rise for a moment of silence 
in honor of this great member, a former member, of this Body." 

All Members and guests stand for a moment of silence. 

"Thank you." 

By Senator Cochrane: 

"Mr. President, ladies and gentlemen of the Senate, there is a creed or motto 
used by the Jaycees of North Carolina that says that 'Service to mankind is the 
best work of life.' I believe that Gordon Hanes lived that motto." 

By Senator Conder: 

"Thank you, Mr. President, and ladies and gentlemen of the Senate. I first 
met Gordon Hanes back in the 1960s. We had a hosiery mill in Richmond 
County, it was named Sandhurst Mills. Billy Ed Entwistle was President of Sand- 
hurst Mills at the time. And we were just a small fledgling community back in the 
60s and the hosiery mill was doing well, and that's why Gordon wanted it. So he 
came down and bought Sandhurst Mills in Rockingham. He not only, he bought 
the mill, but he changed the entire industrial lifestyle in our County. The only 
thing we don't like about it, Reg, he took a lot of our talent away from us and 
moved it up to Winston-Salem in Billy Ed Entwistle and Bill Rawls and June 
Cheek. I can go on and on and on and tell you the people that he took and went 
with him. But we really appreciate in Richmond County what Gordon Hanes did 
for us. He took small Sandhurst Mills and turned it into a real large hosiery mill, 
one of the most modern in the world at the time. It was operated by the Hanes 
Corporation. 

"I remember Gordon very well. He was not only an industrialist, but he was a 
humanitarian. He was a man of unquestioned integrity, and we loved him dearly 



June 10, 1996 



122 SENATE JOURNAL [Second Session 

and I'm certain that you folks have a tremendous memory of Gordon Hanes and 
so do we in Richmond County. Thank you, very much." 

By Senator Sherron: 

"Mr. President and Members of the Senate, Gordon Hanes I met in the early 
'70s. And one of the most remarkable things that most people seem to overlook 
and I think it was probably one of the greatest monuments to his contribution to 
North Carolina. He loved our park system. He gave more land to Stone Moun- 
tain than any person in North Carolina. He was also very interested, Senator 
Basnight, in the Nature and Historic Preserve. He gave freely of his money and 
his time. He has been — we're really going to miss one of the great benefactors. 
And I am proud to stand and say that I knew him as a friend. Thank you." 

By Senator Rand: 

"Mr. President, ladies and gentlemen of the Senate, I got to know Gordon 
Hanes, I guess, in the 1980s when he would call and talk about the appropriations 
for the Art Museum. He would always come by or call and talk about things to 
improve the quality of life for everybody. He was the kind of man that wanted to 
make our State a little better or our lives a little kinder. North Carolina is the 
wonderful place it is, Mr. President, because of men like Gordon Hanes. Thank 
you." 

By Senator Basnight: 

"Thank you, Mr. President, Senators, I did not personally know Gordon Hanes; 
vicariously I knew him. I had read about him; I had heard about him from other 
people. And we all realize that his contributions were many. We know that he 
was an industrialist, certainly a civic leader, a member of our Body. We realize 
that he served on many boards, Ham, and commissions in his community and here, 
and in this State. And that he helped us graciously and he was very generous to 
those who were downtrodden in life and did not have as much as many others did. 

"But I see him and remember him from the conversations that I heard about 
him and his involvement in my region of the State of Currituck County in the 
Outer Banks. And that he was a great lover of the environment, of the wild, of 
what many different species that we have and we love, and we cherish so much 
and that we try to protect and leave some semblance of what they were and what 
we saw in the past and what he dreamed of. 

"He was a great North Carolinian and much like Frank Kenan that recently 
passed away, all leaders will do so, and have. He is of a comparable nature. He 
is a person who wanted life better for all individuals regardless of who they were 
or what station in life they may find theirselves. We had a great North Carolinian 
among us like many in the past. But unfortunately it does not look like the future 
gives the same type of people. Hopefully, many of our children of today can 
follow the legacy of people, the great people of North Carolina. And I certainly 
place him in the numbers of the greatest that we had. And to the Hanes family, 
Reg, your mom, your sister, and your brother, thank you for letting us have him." 

Upon the appearance of Senator Winner in the Chamber, the Chair acknowledges 
her presence and the leave of absence granted previously is withdrawn. 

The joint resolution unanimously passes its second reading (50-0) and third 
reading with members standing and is ordered sent to the House of Representa- 
tives. 



June 10, 1996 



1996] SENATE JOURNAL 123 

The Chair extends courtesies of the gallery to Helen Greever Copenhaver 
Hanes, and Eldridge C. Hanes and his wife, Jane, the family of James Gordon 
Hanes, Jr. 

REPORT OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with 
the reports accompanying them, and take take their place on the Calendar, as 
follows: 

By Senator Parnell for the Commerce Committee: 

S.B. 1182, a bill to enforce economy in State printing costs and to promote 
opportunities for increased privatization of printing, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed 
Committee Substitute bill 4709 is placed before the Senate for immediate consider- 
ation, and on his further motion, is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Tuesday, June 11, for further consideration. 

H.B. 361 (Committee Substitute), a bill to authorize the Department of 
Commerce to pledge block grant funds as loan guarantees pursuant to the Housing 
and Community Development Act, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed Senate 
Committee Substitute bill 1374, which changes the title, upon concurrence, to read 
H.B. 361 (Senate Committee Substitute), a bill to amend the Section 108 Loan 
Guarantee Program laws and the laws governing industrial revenue bonds, is 
placed before the Senate for immediate consideration. 

On motion of Senator Parnell, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for Tuesday, June 11, for further consideration. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message and a special message received in the office of the Principal Clerk 
from the House of Representatives transmitting a bill and a joint resolution for 
concurrence are presented to the Senate, read, and disposed of, as follows: 

S.B. 1014 (Committee Substitute), a bill requiring criminal history record checks 
of unlicensed applicants for employment in nursing homes and domiciliary homes, 
for concurrence in the House Committee Substitute bill No. 2, which changes the 
title, upon concurrence, to read S.B. 1014 (House Committee Substitute No. 2), a 
bill requiring criminal history record checks of unlicensed applicants for employ- 
ment in nursing homes, adult care homes, and home care agencies. 

Recommitted to Judiciary I/Constitution Committee. 

S.J.R. 1394, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a bill to be entitled an act to provide that marriages 



June 10, 1996 



124 SENATE JOURNAL [Second Session 

contracted outside of this State between persons of the same gender are not valid 
in various counties, for concurrence in the House Committee Substitute joint 
resolution, which changes the title, upon concurrence, to read S.J.R. 1394 (House 
Committee Substitute), a joint resolution authorizing the 1995 General Assembly, 
1996 Session, to consider a bill to be entitled an act to provide that marriages 
contracted outside of this State between persons of the same gender are not valid. 

On motion of Senator Forrester, the rules are suspended without objection, and 
the House Committee Substitute joint resolution is placed before the Senate for 
immediate consideration, upon concurrence. 

Receiving a two-thirds majority affirmative vote, the Senate concurs in the 
House Committee Substitute joint resolution (46-2) and the measure is ordered 
enrolled. 

Messages and a special message received in the office of the Principal Clerk 
from the House of Representatives transmitting bills are presented to the Senate, 
read the first time, and disposed of, as follows: 

H.B. 1100 (Committee Substitute), a bill to implement the recommendation of 
the School Capital Construction Study Commission to authorize the issuance of 
general obligation bonds of the State, subject to a vote of the qualified voters of 
the State, to provide funds for grants to counties for public school capital outlay 
projects, in order to promote equity in local school facilities across the State and 
to enable local governments to give local property tax relief, and to ensure that 
certain grants for school facility needs continue to be made in accordance with the 
1988 priority list. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Finance Committee. 

H.B. 1102, a bill to implement the recommendation of the School Capital 
Construction Study Commission to direct the State Board of Education and the 
Local Government Commission to modify their accounting and reporting systems 
to allow tracking of local expenditures in schools' capital outlay funds, to direct the 
State Board of Education to develop a uniform system for schools to develop 
five-year capital needs plans, and to amend the School Budget and Fiscal Control 
Act. 

Referred to Finance Committee. 

H.B. 1122, a bill to allow Swain County to employ attachment or garnishment 
and to obtain a lien for ambulance services. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1171 (Committee Substitute), a bill to provide for legislative confirmation 
of certain executive appointments and to change the composition, appointments, 
and terms of various boards, commissions, and authorities within State government. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 1192, a bill to develop a proposal for a reserve fund to pay catastrophic 
losses as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 



June 10, 1996 



1996] SENATE JOURNAL 125 

H.B. 1200, a bill to revise the participation formula of the North Carolina 
Insurance Underwriting Association as recommended by the Legislative Research 
Commission's Committee on Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 1201 (Committee Substitute), a bill to provide that insurers are not 
required to obtain written consent to rate on each policy renewal as recommended 
by the Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 1202 (Committee Substitute), a bill to conform the law governing small 
employer health benefit plans to 1995 legislation as recommended by the Legisla- 
tive Research Commission's Committee on Insurance and Insurance-Related Issues 
and to clarify the applicability of certain medical underwriting provisions. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

H.B. 1280 (Committee Substitute), a bill to recodify the statute establishing liens 
on insurance proceeds to secure child support and to provide that such liens are 
subordinate to liens arising under Article 9 of Chapter 44 of the General Statutes 
and to other health care provider claims. 

Referred to Judiciary I/Constitution Committee. 

CALENDAR 

Bills and a resolution on today's Calendar are taken up and disposed of, as 
follows: 

S.B. 1213, a bill to allow cancellation by exhibition of a note secured by a deed 
of trust or mortgage in Buncombe County regardless of the date of endorsement. 

With unanimous consent, on motion of Senator Ledbetter, the bill is taken up 
out of its regular order of business and on his further motion, consideration of the 
bill is postponed until Tuesday, June 11. 

S.B. 1374, a bill to authorize the Town of Cerro Gordo to convey by private sale 
certain property to Eugene Green, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, 
Shaw, Sherron, Smith, Soles, Speed, Warren, Webster, and Winner — 48. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1377, a bill establishing the Harmon Field Board of Supervisors for admin- 
istration of Harmon Field located in Polk County, upon second reading. 



June 10, 1996 



126 SENATE JOURNAL [Second Session 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, 
Shaw, Sherron, Smith, Soles, Speed, Warren, Webster, and Winner — 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Tuesday, June 11, for 
further consideration upon third reading. 

S.B. 1172, a bill to authorize the Rockingham Board of Equalization and Review 
to meet after its formal adjournment. 

The bill passes its second and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1405, a bill to create a new offense of third degree trespass in Surry 
County. 

With unanimous consent, on motion of Senator Foxx, the bill is taken up out of 
its regular order of business and on her further motion is recommitted to the 
Local Government and Regional Affairs Committee. 

S.B. 1174, a bill to allow Rockingham County to acquire property for use by its 
County Board of Education and to clarify the filing date for members of the 
Rockingham County Consolidated Board of Education. 

The bill passes its second (49-0) and third (49-0) readings and is ordered sent 
to the House of Representatives. 

S.B. 1220 (Committee Substitute), a bill to repeal the local pay dates for certain 
employees of various local school administrative units. 

The bill passes its second (49-0) and third (49-0) readings and is ordered sent 
to the House of Representatives. 

S.B. 1221, a bill relating to sales of seized, unclaimed property by the City of 
Winston-Salem. 

The bill passes its second (49-0) and third (49-0) readings and is ordered sent 
to the House of Representatives. 

S.B. 1222, a bill amending the Charter of the City of Winston-Salem relating to 
the sale of property. 

The bill passes its second (49-0) and third (49-0) readings and is ordered sent 
to the House of Representatives. 

S.B. 1223, a bill relating to the daily deposit of collections and receipts by the 
City of Winston-Salem. 

The bill passes its second (49-0) and third (49-0) readings and is ordered sent 
to the House of Representatives. 

S.B. 1380, a bill authorizing Durham County to accept payments in lieu of 
required street and sidewalk construction. 



June 10, 1996 



1996] SENATE JOURNAL 127 

The bill passes its second (49-0) and third (49-0) readings and is ordered sent 
to the House of Representatives. 

S.B. 1386, a bill to amend the Charter of the City of Durham to allow payment 
of assessments over a longer period and at a reduced interest rate in cases of 
special financial hardship. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (49-0) and third (49-0) readings and is 
ordered engrossed and sent to the House of Representatives. 

S.B. 1396 (Committee Substitute), a bill to amend the Nursing Home Advisory 
Committee law and the ombudsman law as it affects New Hanover County. 

The Committee Substitute bill passes its second (49-0) and third (49-0) readings 
and is ordered sent to the House of Representatives. 

S.B. 1412, a bill to reinstate the "no wake zone" within one hundred fifty yards 
of Seafood World in Topsail Sound and to repeal the prohibition on "no wake 
zones" in Pender County. 

The bill passes its second (49-0) and third (49-0) readings and is ordered sent 
to the House of Representatives. 

COMMITTEE REFERRAL RECALL 

H.B. 1100 (Committee Substitute), a bill to implement the recommendation of 
the School Capital Construction Study Commission to authorize the issuance of 
general obligation bonds of the State, subject to a vote of the qualified voters of 
the State, to provide funds for grants to counties for public school capital outlay 
projects, in order to promote equity in local school facilities across the State and 
to enable local governments to give local property tax relief, and to ensure that 
certain grants for school facility needs continue to be made in accordance with the 
1988 priority list, received as a message from the House of Representatives and 
re-referred to the Education/Higher Education Committee earlier today. 

Pursuant to Rule 47(b), Senator Winner offers a motion the Committee Substi- 
tute bill be taken from the Education/Higher Education Committee and re- 
referred to the Finance Committee, which motions prevail with unanimous 
consent. 

The Chair orders the Committee Substitute bill recalled from the Education/ 
Higher Education Committee and refers the measure to the Finance Committee. 

S.B. 1411, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of 
the constituent institutions of the University of North Carolina and the University 
of North Carolina Hospitals at Chapel Hill, referred to the Appropriations 
Committee on May 30. 

Pursuant to Rule 47(b), Senator Plyler offers a motion the bill be taken from 
the Appropriations Committee and re-referred to the Finance Committee, which 
motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
refers the measure to the Finance Committee. 

S.B. 1111, a bill to repeal the thirty-day rule for demanding a refund of an 
illegal tax, referred to the Judiciary I/Constitution Committee on May 14. 



June 10, 1996 



128 SENATE JOURNAL [Second Session 

Pursuant to Rule 47(b), Senator Cooper offers a motion the bill be taken 
from the Judiciary 1/ Constitution Committee and re-referred to the Finance 
Committee, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Judiciary I/Constitution Committee 
and refers the measure to the Finance Committee. 

CALENDAR (Continued) 

S.J.R. 1099, a joint resolution honoring the life and memory of Nancy Winbon 
Chase, former State Legislator. 

With unanimous consent, on motion of Senator Kerr, the joint resolution is 
taken up out of its regular order of business, and on his further motion consider- 
ation of the joint resolution is postponed until Monday, June 17. 

S.B. 1379, a bill authorizing Durham County to increase its fee for issuing 
weapons permits or licenses. 

The bill passes its second (30-19) and third (30-20) readings and is ordered sent 
to the House of Representatives. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to the President of 
the Senate, Lieutenant Governor Wicker, who presides. 

NOTICE OF INTENTION TO RECALL 

The Chair recognizes Senator McDaniel who rises to a point of order under 
Rule 47 of the necessity to read in the Senate Chamber a notice of intention to 
recall on three consecutive legislative days. 

The Chair rules, pursuant to Rule 47, that public notice of intention to recall 
only need be announced once in the Senate. 

CALENDAR (Continued) 

S.B. 1198, a bill to clarify the requirements concerning imports and exports of 
motor fuel under the "tax at the rack" laws and to make other adjustments to 
those laws, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 50, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, 
Plyler, Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, Webster, and 
Winner — 50. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 678 (Committee Substitute No. 2), a bill to allow money credited to the 
Consumer Protection Fund to be used to retain experts for hearings and to require 
that money recovered from delinquency proceedings or civil actions against the 
Commissioner be credited to the Fund. 



June 10, 1996 



1996] SENATE JOURNAL 129 

The Committee Substitute bill No. 2 passes its second (49-1) and third readings 
and is ordered sent to the House of Representatives. 

S.B. 1108 (Committee Substitute), a bill to provide that milk products that are 
exempt from the soft drink tax are not required to register with the Department of 
Revenue for the exemption. 

The Committee Substitute bill passes its second (49-0) and third readings and is 
ordered sent to the House of Representatives. 



NOTICE OF INTENTION TO RECALL 

S.B. 1304, a bill to phase out over four years the four percent State sales tax on 
food and reduce the size of State government by authorizing the Governor to 
freeze hiring for State employees other than education, public safety, public health, 
and other appropriate positions, referred to the Finance Committee on May 27. 

Senator Cochrane rises and gives notice, pursuant to Rule 47, of intention to 
recall the bill from the Finance Committee. 

CALENDAR (Continued) 

S.B. 1122, a bill to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding. 

With unanimous consent, on motion of Senator Gulley, the bill is recommitted 
to the Judiciary 11/ Election Laws Committee. 

S.B. 1181, a bill to allow utility poles carried on side-loaders to extend more 
than three feet beyond the front bumper of the vehicle. 

On motion of Senator Speed, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (49-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1239, a bill to exempt from sales and use tax free samples of prescription 
drugs distributed by the manufacturer. 

The bill passes its second (50-0) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 1270, a bill to authorize the Department of Transportation to establish 
speed limits up to seventy miles per hour on designated parts of controlled access 
highways. 

Senator Hoyle offers Amendment No. 1 which is adopted (50-0). 

The Chair announces the voting equipment inoperative. 

The bill, as amended, passes its second reading. 

Senator Simpson objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
Tuesday, June 11, for further consideration upon third reading. 

The President recognizes the following pages serving in the Senate this week: 

Jennifer Lynn Beatty, Stanley; Eric Thomas Boggs, Dallas; Laura Beth Boggs, 
Fallston; Rebecca Virginia Broughton, Winterville; Elliot Byrne, Raleigh; 



June 10, 1996 



130 SENATE JOURNAL [Second Session 

Jennnifer Rae Cauble, Gastonia; Ryan Lewis Clark, Stanley; Kayla A. Clayton, 
Belhaven; Catherine Craig Copenhaver, Winston-Salem; Justin Daniel 
Cunningham, Salisbury; Joshua Sykes Davis, Elizabeth City; Samuel John Davis, 
Elizabeth City; Michael Dibbert, Chapel Hill; Christian Elizabeth Dwight, 
Ellerbe; Charles L. McBryde Grannis, Fayetteville; Matthew B. Gray, Raleigh; 
John Rickman Hall, Stanley; Leigh Harris, Winterville; Joseph Milton Hodges, 
Jr., Wallace; Melissa Carol Hogewood, Greensboro; Jennifer Ipock, Gastonia; 
Christa Veronica Jewell, Elizabeth City; Natalie L King, Raleigh; Eric Matthew 
McMillan, Mount Holly; Daniel Y. Parrott, Salisbury; Joshua Coleman Self, 
Dallas; Heath Eric Spivey, Tabor City; and Elizabeth Burns Wicker, Greensboro. 

With bills remaining on the Calendar, on motion of Senator Basnight, seconded 
by Senator Webster, the Senate adjourns at 9:00 P.M. in memory of Ann Ledbetter 
Young, sister of Senator Ledbetter of Buncombe, to meet tomorrow, Tuesday, 
June 11, at 4:00 P.M. 



ONE HUNDRED TWENTY-SEVENTH DAY 

Senate Chamber 
Tuesday, June 11, 1996. 



The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Loving God, into each of our minds, You have planted dreams. You have 
made us dream of lives which contribute something good to the world, lives which 
count for something. 

"But from the world we here things like, 'be realistic' or 'face facts.' The world 
is tough toward those who have a dream and refuse to relinquish it. 

"Help us to hold fast to the dreams You have given us. By Your Grace, turn 
our dreams into reality. Enable us to see the ways You catch up our lives into the 
great drama of Your Salvation of the world. Give us the courage not to let go of 
our dreams. 

"For Your Sake we pray, Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, June 10, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. Corbett L. 
Quinn of Magnolia, who is serving the Senate as Doctor of the Day. 



June 11, 1996 



1996] SENATE JOURNAL 131 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolutions properly enrolled 
and they are duly ratified and sent to the Office of the Secretary of State: 

S.B. 1243, an act to establish a no-wake zone on a portion of Lake Hickory. 
(Ch. 559) 

S.J.R. 1484, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring the memory of James Gordon 
Hanes, Jr., former State Senator and industrialist. (Res. 16) 

S.J.R. 1394 (House Committee Substitute), a joint resolution authorizing the 
1995 General Assembly, 1996 Session, to consider a bill to be entitled an act to 
provide that marriages contracted outside of this State between persons of the 
same gender are not valid. (Res. 17) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 1308, a bill to authorize administrative search warrants to be served at 
hours other than between 8:00 A.M. and 8:00 P.M. when there is probable cause 
to believe that the activity that justifies the administrative search warrant will occur 
at other hours, as recommended by the Environmental Review Commission, with 
a favorable report, as amended. 

S.B. 1241, a bill recommended by the Child Fatality Task Force to improve the 
definition of "dependent juvenile," with a favorable report. 

By Senator Winner for the Education/Higher Education Committee: 

H.B. 619 (Committee Substitute), a bill to exempt the Charlotte-Mecklenburg, 
Franklin, Johnston, and Nash School Administrative Units from certain statutory 
requirements in some school construction contracts, with an unfavorable report as 
to Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Winner the proposed Senate Committee Substitute bill 
7231, which changes the title, upon concurrence, to read H.B. 619 (Senate Com- 
mittee Substitute), a bill to exempt the Franklin, Johnston, and Nash School 
Administrative Units from certain statutory requirements in some school construc- 
tion contracts, is placed before the Senate for immediate consideration. 

On motion of Senator Winner, the Senate Committee Substitute bill is adopted, 
and on her further motion is re-referred to the Finance Committee. 

H.B. 881, a bill to provide an alternative method of teacher certification, with an 
unfavorable report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Winner, the proposed Senate Committee Substitute bill 
8203, which changes the title, upon concurrence, to read H.B. 881 (Senate 



June 11, 1996 



132 SENATE JOURNAL [Second Session 

Committee Substitute), a bill to authorize the Legislative Research Commission to 
study alternative methods of teacher certification, is placed before the Senate for 
immediate consideration. 

On motion of Senator Winner, the Senate Committee Substitute bill is adopted, 
and on her further motion is re-referred to the Appropriations Committee. 

CALENDAR 

Bills on the Calendar carried forward as unfinished business from Monday, 
June 10, are taken up and disposed of, as follows: 

S.B. 1294, a bill to conform the motor vehicle laws to the federal deregulation 
of trucking and to make technical changes to the motor vehicle laws. 

Senator Gulley offers Amendment No. 1 which is adopted (49-1). 

The bill, as amended, passes its second (49-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1348, a bill to create the Well Contractors and Pump Contractors Certifica- 
tion Commission, to amend the well drillers and pump installers registration 
requirements, and to make various amendments to the Well Construction Act, as 
recommended by the Environmental Review Commission. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business, and on his further motion, consideration of the bill 
is postponed until the last order of business. 

S.B. 1314, a bill to improve water quality by establishing a goal to reduce the 
average load of nitrogen delivered to the Neuse River Estuary from point and 
nonpoint sources by thirty percent of the average annual load for the period 1991 
through 1995 by the year 2001 and to require the Environmental Management 
Commission to develop a plan to achieve this goal, as recommended by the 
Environmental Review Commission. 

Following debate, on motion of Senator Horton, the Chair orders, without objec- 
tion, the bill temporarily displaced. 

S.B. 1213, a bill to allow cancellation by exhibition of a note secured by a deed 
of trust or mortgage in Buncombe County regardless of the date of endorsement, 
on general orders for today. 

Wit unanimous consent, on motion of Senator Ledbetter, the bill is taken up out 
of its regular order of business, and on his further motion, the bill is re-referred 
to the Judiciary I/Constitution Committee. 

H.B. 1119, a bill to delete the requirement that a company add back to its net 
worth franchise tax base the amount of its loans that are payable to an unrelated 
company but are endorsed or guaranteed by a related company, as recommended 
by the Department of Revenue. 

The bill passes its second (50-0) and third readings and is ordered enrolled. 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 1377, a bill establishing the Harmon Field Board of Supervisors for admin- 
istration of Harmon Field located in Polk County, upon third reading. 



June 11, 1996 



1996] SENATE JOURNAL 133 

The bill passes its third reading by roll-call vote, ayes 50, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, 
Martin of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, 
Plyler, Rand, Shaw, Sherron, Simpson, Smith, Soles, Speed, Warren, Webster, and 
Winner— 50. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1348, a bill to create the Well Contractors and Pump Contractors Certifica- 
tion Commission, to amend the well drillers and pump installers registration 
requirements, and to make various amendments to the Well Construction Act, as 
recommended by the Environmental Review Commission, ordered placed as the 
last order of business, earlier today. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business, and on his further motion, the bill is re-referred 
to the Agriculture/Environment/Natural Resources Committee. 

INTRODUCTION 

Senator Forrester offers a motion that Rule 40 be suspended to allow the 
introduction of the following bill filed earlier today, which motions prevails by a 
two-thirds majority vote. 

By Senators Forrester, Conder, Hoyle, Webster, Plyler, Kincaid, Speed, 
Cochrane, Clark, McDaniel, Ledbetter, East, Ballantine, Horton, Shaw, Blust, 
Smith, Simpson, Davis, Blackmon, Hartsell, Carpenter, Allran, Carrington, 
Edwards, Albertson, McKoy, Kerr, Page, and Plexico: 

S.B. 1487, a bill to provide that marriages contracted outside of this State 
between persons of the same gender are not valid. 

Referred to Judiciary I/Constitution Committee. 

RECOGNITION 

Senator Little rises to a point of personal privilege and speaks to the volunter 
program of Pinecrest High School in Moore County. With unanimous consent, her 
remarks are spread upon the Journal, as follows: 

"Thank you, Mr. President. We're very fortunate, those of us here in the 
Senate, that each week we see young people from across our State serving as 
pages. We're also fortunate that many of us have had the opportunity to have 
volunteers come in and work in our offices and do things for us while we are in 
session. I've been fortunate this Session to have a young man who has volunteered 
to come into my office who is a student at Pinecrest High School in Moore 
County. And I would like to tell you, his name is Brandon Leslie, but not only do 
I want to thank Brandon, but I want to thank all of our young people across the 
State. The project that he's involved in is a high school class project where 



June 11, 1996 



134 SENATE JOURNAL [Second Session 

students in his class volunteer each week a certain number of hours in municipal, 
county government, local governmental agencies, or non-profit organizations. 

"I think it's outstanding when we see the wonderful things that many of our 
young people are doing. We read and hear so often the things that they are doing 
that are not right, and I think it's important today that we recognize all these 
young people who come to our Senate and come to the House and work with us 
every session. And also those many young people across our State out in the 
community, like Brandon, who give of their time to know and understand what's 
occurring in government, what's happening within non-profit agencies across our 
State. And I would like to recognize at this time all of those young people who 
serve in those many capacities in our State." 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 1189, a bill to allow Jones County to acquire property for use by its County 
Board of Education, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed Com- 
mittee Substitute bill 8736, which changes the title to read S.B. 1189 (Committee 
Substitute), a bill to allow Hyde, Jones, Martin, New Hanover, Pitt, Surry, and 
Wilson Counties to acquire property for use by their County Boards of Education, 
is placed before the Senate for immediate consideration. 

On motion of Senator Sherron, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calen- 
dar for Wednesday, June 12, for further consideration. 

S.B. 1388, a bill to reduce the State sales tax on food from four percent to three 
percent with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Sherron, the proposed Committee Substitute bill 7797, 
which changes the title to read S.B. 1388 (Committee Substitute), a bill to reduce 
the State sales tax on food from four percent to three percent, to reduce the 
corporate income tax rate to seven and one-half percent, and to reduce the excise 
tax on soft drinks, is placed before the Senate for immediate consideration. 

On motion of Senator Sherron, the Committee Substitute bill is adopted, and on 
his further motion is re-referred to the Appropriations Committee. 

H.B. 1100 (Committee Substitute), a bill to implement the recommendation of 
the School Capital Construction Study Commission to authorize the issuance of 
general obligation bonds of the State, subject to a vote of the qualified voters of 
the State, to provide funds for grants to counties for public school capital outlay 
projects, in order to promote equity in local school facilities across the State and 
to enable local governments to give local property tax relief, and to ensure that 
certain grants for school facility needs continue to be made in accordance with the 



June 11, 1996 



1996] SENATE JOURNAL 135 

1988 priority list, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Senate Committee Substitute bill 4256 is placed before the Senate for immediate 
consideration, and on his further motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for Wednesday, June 12, for further consideration. 

NOTICE OF INTENTION TO RECALL 

S.B. 1028, a bill to require that persons convicted of certain crimes be sentenced 
to an active punishment of imprisonment, to provide that a person may be sen- 
tenced to an intermediate or active punishment for assault on a female, and to 
amend the law regarding prior convictions and their effect on the prior record 
level for felony sentencing, referred to the Judiciary I/Constitution Committee on 
May 4, 1995. 

Senator Page rises and gives notice, pursuant to Rule 47, of his intention to 
recall the bill from the Judiciary I/Constitution Committee. 

REPORTS OF COMMITTEES (Continued) 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 1126, a bill to allow the appointment in certain circumstances of precinct 
officials and ballot counters for a precinct who are not registered to vote in that 
precinct, with a favorable report, as amended. 

COMMITTEE REFERRAL RECALL 

S.B. 1122, a bill to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding, 
referred to the Judiciary II/Election Laws Committee on June 10. 

Pursuant to Rule 47(b), Senator Gulley offers a motion the bill be taken from 
the Judiciary II/Election Laws Committee and placed on the Calendar for 
Wednesday, June 12, which motions prevail, with unanimous consent. 

The Chair orders the bill recalled from the Judiciary II/Election Laws Commit- 
tee and places it on the Calendar for Wednesday, June 12, for consideration upon 
its passage. 

REPORTS OF COMMITTEES (Continued) 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 1309, a bill to create a new felony offense of assault inflicting serious bodily 
injury as recommended by the North Carolina Sentencing and Policy Advisory 
Commission, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Cooper, the proposed Committee Substitute bill 8732, 
which changes the title to read S.B. 1309 (Committee Substitute), a bill to create 
a new felony offense of assault inflicting serious bodily injury as recommended by 



June 11, 1996 



136 SENATE JOURNAL [Second Session 

the North Carolina Sentencing and Policy Advisory Commission, to increase the 
punishment for sale of handguns to minors to a Class H felony, and to increase 
the punishment for sale of controlled substances to persons under age sixteen or 
pregnant females to a Class D felony, is placed before the Senate for immediate 
consideration. 

On motion of Senator Cooper, the Committee Substitute bill is adopted, and on 
his further motion is re-referred to the Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages and a special message received in the office of the Principal Clerk 
from the House of Representatives transmitting bills and resolutions are presented 
to the Senate, read the first time, and disposed of, as follows: 

H.B. 1135, a bill to repeal the statute which named "New Road" in Craven 
County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1163 (Committee Substitute), a bill to provide liens on real property for 
the furnishing of rental equipment. 
Referred to Judiciary I/Constitution Committee. 

H.B. 1164 (Committee Substitute), a bill to provide for lien rights for persons 
who fabricate dies, molds, forms, or patterns and who fabricate products from dies, 
molds, forms, or patterns. 

Referred to Judiciary I/Constitution Committee. 

H.B. 1180 (Committee Substitute), a bill to authorize the expansion of the Board 
of Trustees of the College of the Albemarle. 
Referred to Rules and Operation of the Senate Committee. 

H.B. 1191, a bill to provide additional coverage under the North Carolina Beach 
Plan as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 1198 (Committee Substitute), a bill to provide that uninsured and underin- 

sured motorist coverage may be limited or excluded under excess liability coverage. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 1203 (Committee Substitute), a bill to allow the appointment in certain 
circumstances of precinct officials and ballot counters for a precinct who are not 
registered to vote in that precinct. 

Referred to Judiciary H/Election Laws Committee. 

H.J.R. 1228, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring the life and memory of Nancy 
Winbon Chase, former State Legislator. 

Referred to Rules and Operation of the Senate Committee. 



June 11, 1996 



1996] SENATE JOURNAL 137 

H.J.R. 1276, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring John Carteret, Earl of Granville, 
for whom Granville County was named upon the occasion of the Two Hundred 
Fiftieth Anniversary of Granville County. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 1334, a bill to repeal the local pay date for the Cherokee County schools. 
Referred to Education/Higher Education Committee. 

H.B. 1339 (Committee Substitute), a bill to improve water quality by establishing 
a goal to reduce the average load of nitrogen delivered to the Neuse River Estuary 
from point and nonpoint sources by a minimum of thirty percent of the average 
annual load for the period 1991 through 1995 by the year 2001 and to require the 
Environmental Management Commission to develop a plan to achieve this goal, as 
recommended by the Environmental Review Commission. 

Referred to Agriculture/Environment/Natural Resources Committee. 

H.B. 1372, a bill to confirm that Stanly County may purchase and convey 
property to the State of North Carolina for use as a correctional facility. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1400, a bill establishing the Harmon Field Board of Supervisors for admin- 
istration of Harmon Field located in Polk County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1417, a bill relating to disclosure of business interest in Guilford County. 
Referred to Local Government and Regional Affairs Committee. 

With bills remaining on the Calendar, on motion of Senator Basnight, seconded 
by Senator Hoyle, the Senate adjourns at 4:49 P.M. to meet tomorrow, Wednesday, 
June 12, at 4:00 P.M. 



ONE HUNDRED TWENTY-EIGHTH DAY 

Senate Chamber 
Wednesday, June 12, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious God, we confess that sometimes we pray like this, 'Is there some way 
You could help me, Lord, but make it look like I did it myself?' 

"What will You do with us? We go about our lives, assuming that we are the 
masters of our fate and captains of our souls. We assume power when we believe 
that we are self-made men and women. 



June 12, 1996 



138 SENATE JOURNAL [Second Session 

"Remind us that we are created in Your Image. We are Your Creation and not 
our own. Help us to think and live accordingly. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yester- 
day, Tuesday, June 11, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Cynthia A. 
Hampton of Henderson, who is serving the Senate as Doctor of the Day. 

The Senate recesses at 4:10 P.M. to reconvene at 5:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 1119, an act to delete the requirement that a company add back to its net 
worth franchise tax base the amount of its loans that are payable to an unrelated 
company but are endorsed or guaranteed by a related company, as recommended 
by the Department of Revenue. (Ch. 560) 

COURTESIES 

With unanimous consent, on motion of Senator Hoyle, privileges of the floor are 
extended to Richard Scott Griffin, 1996-97 North Carolina Teacher of the Year, 
and the 1996-97 North Carolina Teacher of the Year Finalists. The President 
recognizes Senator Basnight, President Pro Tempore, who appoints Senator Hoyle 
of Gaston, Senator Forrester of Gaston, Senator Kincaid of Caldwell, Senator 
Speed of Franklin, and Senator Martin of Pitt to escort the guests to the Well of 
the Senate. The guests are received by the Senate standing. 

Senator Hoyle presents Mr. Griffin of Ida Rankin Elementary School in Gaston 
County to the President of the Senate who recognizes him to address the Senate. 
On motion of Senator Hoyle, the remarks of Mr. Griffin are spread upon the 
Journal, as follows: 

By Mr. Richard Scott Griffin: 

"Mr. President and distinguished Members of our Senate, I know it has been a 
long day for you today. We have set in with one of your committees this after- 
noon and watched you hard at work and we appreciate a few moments to speak to 
you this evening. 

"As I stand before you today, I do not stand alone. To my right, to your left, 
are five — actually four, brilliant teachers one of us is missing; Helen Laugisch's 
husband is battling cancer and could not be with us today — but also standing is 



June 12, 1996 



1996] SENATE JOURNAL 139 

Karen Dameron, Jim Brooks, Renee Coward, and Robin Little. And together we 
form your Teacher of the Year Team for 1996 and 1997. Additionally seventy 
thousand plus teachers stand with me as I speak before this great Chamber this 
evening. There are many issues that we could address that we would love to talk 
with you about in education, but we need to talk to you about primarily one issue, 
an issue that really concerns all of us. 

"Dr. Seuss is a favorite author of mine. He writes a book call The Lorax. The 
Lorax is a little character that runs all through the book. It's a wonderful story 
about an effort to save some very special trees, and the Lorax decides that he's got 
to save the trees. Because the trees have no voice of their own, he decides he will 
speak for the trees. 

"Ladies and gentlemen, above all else, this team will speak for the children of 
North Carolina this year. That will be our first and primary focus. We believe 
that is what you would have us do; we know in our hearts it is the right thing to 
do. 

"We believe that public education is the last great American frontier. Within 
that frontier is a beautiful Garden of Eden. But we must confess to you that this 
garden is not without its weeds. There are some weeds growing in our garden. 
Weeds that concern us all. For example, there are the weeds of poverty. Tonight 
as you and I go to bed, a hundred thousand children in our country will not go to 
bed; they are homeless. And this does not include the children that have run away 
from home. There are the weeds of a disintegrating home environment. The 
'Leave it to Beaver Family' that many of us grew up with is almost nonexistent. 
And then there's a very ugly weed called child abuse. The statistics show that, a 
frightening fact, that when young children are killed oftentimes it is the parents 
that are the murderers of our children. And then there's the weed of our violent 
culture, and all you have to do, folks, is turn on your TV set tonight; watch the 
news or watch just about any TV program; pop a video into the VCR; or read 
your newspaper. There's no wonder while as Jim and I listened to the news today 
we found a startling statistic that over six thousand students will die in violent 
crimes in the United States alone this year. And then there is the weed of our 
materialistic culture that we live in. 

"Yes, we do provide many things for our children, but we expect an awful lot 
from them also. We live in a culture where children have been killed because of 
the clothes they wear or because of possessions they do not have. And then there 
is the pressure to achieve. We just cannot seem to accept average anymore. We 
want our children to be above average, and if they fall short of that they are 
failures. People give our children a lot materially, but as I said we expect a lot in 
return. And the fact is we seem to have a difficult time just loving our children 
for what they are — our children. 

"As teachers, educators, legislators, we would do well tonight to re-examine why 
we have become public servants. The values of commitment, service, and caring 
that brought us to the fields should help us to focus on the importance of human- 
ity, on each of our students, and to speak out on their behalf when so many want 
to punish them. So who will write the final chapter in our little story? Will it be 
you, legislators? Will it be our business men? Our parents? Our teachers? Well, 
the challenge to all of us is really quite clear. Not one group of us can do this 
alone. And too often we seem to point the finger at each other and blame each 
other for the problems that our children suffer from. It will indeed take a com- 
munity effort for us to rid our garden of these ugly weeds. 



June 12, 1996 



140 SENATE JOURNAL [Second Session 

"It seems to us that some good beginnings have already been started. Dr. Jay 
Robinson's work and the School Board's work on the ABC Accountability Act is 
certainly a great beginning, but please understand that's all it is. It is a beginning. 
It is not the finish. As you vote tomorrow and Friday, we would simply ask that 
you put politics aside and that you consider investing in children. Indeed, our 
children belong to all of us, to me and to you. When we look at them, when we 
smile at them, when we hold them, we must realize that we have the universe in 
our hands. They are the light of our life. They are the love of our life. They are 
life. Together we can make the right investments for our great State, and there is 
no greater investment than the education of our children. We thank you for this 
opportunity to appear before you. You honor us. This group of fine teachers and 
I will work diligently for the children of North Carolina in the coming year. 
Thank you, very much." 

Senator Hoyle responds and introduces the 1996-97 North Carolina Teacher of 
the Year Finalists: James A. Brooks of West Wilkes High School in Wilkes County; 
Renee Higdon Coward of Fairview Elementary School in Jackson County; Karen 
H. Dameron of E. J. Hayes Elementary School in Martin County; and Robin C. 
Little of Clayton High School in Johnston County. Senator Hoyle also recognizes 
Helen P. Laugisch of Brunswick Learning Center in Brunswick County who was 
unable to be present. 

Senator Forrester offers remarks in praise of Mr. Griffin. 

The President of the Senate offers congratulations to Mr. Griffin and his 
colleagues and presents Mr. Griffin with a North Carolina State Flag. The 
President directs the Committee to escort the guests from the Chamber. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator McKoy for a scheduled radio appearance. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Plyler for the Appropriations Committee: 

H.B. 540 (Committee Substitute No. 3), a bill to authorize the issuance of eight 
hundred million dollars general obligation bonds of the State, subject to a vote of 
the qualified voters of the State, for the construction of highways and to amend 
the Highway Trust Fund, with an unfavorable report as to Committee Substitute 
bill No. 3, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Plyler, the proposed Senate Committee Substitute bill 
A239, which changes the title, upon concurrence, to read H.B. 540 (Senate 
Committee Substitute), a bill to authorize the issuance of nine hundred fifty 
million dollars general obligation bonds of the State, subject to a vote of the 
qualified voters of the State, for the construction of highways and to amend the 
Highway Trust Fund, is placed before the Senate for immediate consideration. 

On motion of Senator Plyler, the Senate Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Finance Committee. 



June 12, 1996 



1996] SENATE JOURNAL 141 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 1081, a bill to modify the membership, qualifications for appointment, and 
terms of the trustees for Albemarle Hospital in Pasquotank County, with a 
favorable report. 

H.B. 1112, a bill to authorize the Town of Maxton to convey certain property at 
private sale to the Historic Preservation Foundation of North Carolina, Inc., a 
nonprofit corporation, with a favorable report. 

H.B. 1133, a bill to permit one-stop voting on direct record voting equipment in 
Pasquotank County, with a favorable report. 

H.B. 1185 (Committee Substitute), a bill to provide staggered terms for members 
of the Board of Commissioners of the Town of Lumber Bridge and provide a 
four-year term for the Mayor, with a favorable report. 

H.B. 1256, a bill to provide staggered terms for the governing board of the Town 
of Spruce Pine, and concerning the voting power of the Mayor, with a favorable 
report, as amended. 

By Senator Sherron for the Finance Committee: 

S.B. 1319, a bill to allow the City of Reidsville to delay the effective date of 
annexations as to a specified tract and to exempt the annexation of Two City Lakes 
from the ceiling on satellite annexations, with a favorable report. 

S.B. 1330, a bill to incorporate the Town of Sedalia, with a favorable report. 

S.B. 1365, a bill concerning modification of the municipal limits between the 
City of Raleigh and the Town of Garner, with a favorable report. 

S.B. 1389, a bill to deannex and detach a small area of land from the corporate 
limits of the City of Albemarle, North Carolina, with a favorable report. 

S.B. 1392, a bill to annex a described area to the Town of Aberdeen, with a 
favorable report. 

S.B. 1397, a bill to incorporate the Village of Sloop Point in Pender County, 
with a favorable report. 

S.B. 1411, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of 
the constituent institutions of the University of North Carolina and the University 
of North Carolina Hospitals at Chapel Hill, with a favorable report. 

S.B. 850, a bill to provide that the value of certain inventories is deductible in 
calculating a corporation's investment in tangible property in North Carolina for 
franchise tax purposes, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 



June 12, 1996 



142 SENATE JOURNAL [Second Session 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Committee Substitute bill 8737 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Thursday, June 13, for further consideration. 

S.B. 1313, a bill to incorporate the Town of Castle Hayne, subject to a referen- 
dum, with an unfavorable report as to bill, as amended by the Local Government 
and Regional Affairs Committee, but favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Committee Substitute bill 8735 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Thursday, June 13, for further consideration. 

COMMITTEE REFERRAL RECALL 

H.J.R. 1276, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring John Carteret, Earl of Granville, 
for whom Granville County was named upon the occasion of the Two Hundred 
Fiftieth Anniversary of Granville County, referred to the Rules and Operation of 
the Senate Committee on June 11. 

Pursuant to Rule 47(b), Senator Rand offers a motion the joint resolution be 
taken from the Rules and Operation of the Senate Committee and placed on the 
Calendar for Thursday, June 13, which motions prevail with unanimous consent. 

The Chair orders the joint resolution recalled from the Rules and Operation of 
the Senate Committee and places it on the Calendar for Thursday, June 13, for 
consideration upon its passage. 

REPORTS OF COMMITTEES (Continued) 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

H.B. 1192, a bill to develop a proposal for a reserve fund to pay catastrophic 
losses as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues, with a favorable report. 

H.B. 1193, a bill to provide for more effective financial supervision, rehabilita- 
tion, and liquidation procedures for continuing care retirement centers and to pro- 
vide that continuing care agreements are subordinate to the cost of administration 
in liquidation as recommended by the Legislative Research Commission's Com- 
mittee on Insurance and Insurance-Related Issues, with a favorable report. 

H.B. 1200, a bill to revise the participation formula of the North Carolina 
Insurance Underwriting Association as recommended by the Legislative Research 
Commission's Committee on Insurance and Insurance-Related Issues, with a 
favorable report. 

S.B. 1148, a bill to provide additional coverage under the North Carolina Beach 
Plan as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues, with a favorable report. 



June 12, 1996 



1996] SENATE JOURNAL 143 

S.B. 1254, a bill to provide coverage for acupuncture services under the North 
Carolina Teachers' and State Employees' Comprehensive Major Medical Plan, with 
a favorable report. 

On motion of Senator Soles, the bill is re-referred to the Appropriations 
Committee. 

S.B. 1146, a bill to repeal the law prohibiting licensed reinsurers from assuming 
reinsurance from nonadmitted insurers as recommended by the Legislative 
Research Commission's Committee on Insurance and Insurance-Related Issues, 
with a favorable report, as amended. 

By Senator Lucas for the Children and Human Resources Committee: 

H.B. 332 (Committee Substitute), a bill to clarify the Domiciliary and Nursing 
Home Penalty Assessment law, with a favorable report. 

H.B. 225 (Committee Substitute), a bill to direct the Administrative Office of 
the Courts to develop an educational program for divorcing couples with children, 
with a favorable report, as amended. 

Pursuant to Rule 45.1, the Committee Substitute bill is placed before the Senate 
for immediate consideration and Committee Amendment No. 1 is adopted. 

The Chair orders the Committee Substitute bill, as amended, re-referred to the 
Appropriations Committee. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 1217, a bill to implement recommendations of the Blue Ribbon Study Com- 
mission on Agricultural Waste, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Albertson, the proposed Committee Substitute bill 1831 
is placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

S.B. 1188, a bill to establish the offenses of trespass on pine straw production 
land and larceny of pine straw, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 7798 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Thursday, June 13, for further consideration. 

S.B. 1296, a bill to extend the regular period of post-release supervision from six 
to nine months, to extend the period of post-release supervision to five years for 
sex offenders and to provide for special conditions of post-release supervision for 
sex offenders and persons convicted of offenses involving physical, mental, or 



June 12, 1996 



144 SENATE JOURNAL [Second Session 

sexual abuse of minors, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 1829 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Thursday, June 13, for further consideration. 

S.B. 1297, a bill to provide for mandatory conditions of probation for sex offend- 
ers and persons convicted of offenses involving physical, mental, or sexual abuse of 
children, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed 
Committee Substitute bill 2743 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for Thursday, June 13, for further consideration. 

INTRODUCTION 

Senator Rand offers a motion that Rule 40 be suspended to allow introduction 
of a joint resolution filed earlier today, which motion prevails by a two-thirds 
majority vote. 

By Senator Horton: 

S.J.R. 1486, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring the life and memory of Governor 
John Motley Morehead on the Two Hundredth Anniversary of his birth. 

On motion of Senator Rand, the joint resolution is placed before the Senate for 
immediate consideration, upon its passage. 

Receiving a two-thirds affirmative majority, the joint resolution passes its second 
and third readings and is ordered sent to the House of Representatives. 

COMMITTEE REFERRAL RECALL 

H.J.R. 1228, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring the life and memory of Nancy 
Winbon Chase, former State Legislator, referred to the Rules and Operation of 
the Senate Committee on June 11. 

Pursuant to Rule 47(b), Senator Rand offers a motion the joint resolution be 
taken from the Rules and Operation of the Senate Committee and placed before 
the Senate for immediate consideration upon its passage, which motions prevail 
with unanimous consent. 

The Chair orders the joint resolution recalled from the Rules and Operation of 
the Senate Committee and places it before the Senate for immediate consideration 
upon its passage. 

Receiving a two-thirds affirmative majority, the joint resolution passes its second 
and third readings and is ordered enrolled. 

H.J.R. 1276, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring John Carteret, Earl of Granville, 



June 12, 1996 



1996] SENATE JOURNAL 145 

for whom Granville County was named upon the occasion of the Two Hundred 
Fiftieth Anniversary of Granville County, placed earlier today on the Calendar for 
Thursday, June 13. 

Senator Gulley offers a motion the joint resolution be taken from the Calendar 
for Thursday, June 13, and placed before the Senate for immediate consideration 
upon its passage, which motions prevail with unanimous consent. 

The Senate reconsiders its previous action and the Chair orders the joint 
resolution taken from the Calendar for Thursday, June 13 and places it before the 
Senate for immediate consideration upon its passage. 

Receiving a two-thirds affirmative majority, the joint resolution passes its second 
and third readings and is ordered enrolled. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills for concurrence are presented to the Senate, 
read, and disposed of, as follows: 

S.B. 125, a bill to remove the sunset on reverse mortgages, for concurrence 
in the House Committee Substitute bill No. 2, which changes the title, upon con- 
currence, to read S.B. 125 (House Committee Substitute No. 2), a bill to allow 
cancellation by exhibition of a note secured by a deed of trust or mortgage regard- 
less of the date of endorsement. 

Referred to the Judiciary I/Constitution Committee: 

S.B. 555, a bill to increase the maximum fees that the North Carolina State 
Board of Dental Examiners may access, to move fee authorizations from separate 
sections to a general fee section, to eliminate a fee that is not needed, and to 
update statutory language on board annual meetings, for concurrence in House 
Amendment No. 1, which changes the title, upon concurrence, to read S.B. 555, a 
bill to increase the maximum fees that the North Carolina State Board of Dental 
Examiners may assess, to move fee authorizations from separate sections to a 
general fee section, to eliminate a fee that is not needed, and to update statutory 
language on board annual meetings, which is placed on the Calendar for tomorrow, 
Thursday, June 13. 

Messages and a special message received in the office of the Principal Clerk 
from the House of Representatives transmitting bills and resolutions are presented 
to the Senate, read the first time, and disposed of, as follows: 

H.B. 1130, a bill to authorize the Counties of Camden, Chowan, Currituck, 
Pasquotank, Perquimans, Tyrrell, and Washington to take a lien on real property 
for delinquent fees for certain inspections. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1136 (Committee Substitute), a bill to allow Craven County and the Cities 
of New Bern and Havelock to donate unclaimed bicycles to charity. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1137, a bill to allow the Town of Fuquay-Varina to review any request for 
withdrawal of dedication of any street or street easement before any dedication can 



June 12, 1996 



146 SENATE JOURNAL [Second Session 

be withdrawn. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1149 (Committee Substitute), a bill to change the requirements pertaining 
to licensed physician registration with the North Carolina Medical Board. 
Referred to Rules and Operation of the Senate Committee. 

H.B. 1157 (Committee Substitute), a bill to codify and clarify the State Board 
of Elections' ruling concerning contributions to State campaigns by federal com- 
mittees. 

Referred to Judiciary II/Election Laws Committee. 

H.B. 1162 (Committee Substitute), a bill to prohibit the use of ineligible voter's 
testimony about how the vote was cast; to give the person protesting the election 
the right to call for a new election when the number of ineligible voters exceeds 
the margin of victory; and to make related changes. 

Referred to Judiciary II/Election Laws Committee. 

H.B. 1252, a bill to revive the Charter of the Town of Wentworth, subject to a 
referendum, requiring a three-fifths affirmative majority vote. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

H.B. 1254 (Committee Substitute), a bill to amend the Charter of the City of 
Havelock concerning the powers of the city manager. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1268 (Committee Substitute), a bill to expedite disposal of unclaimed 
vehicles by towing and storage businesses. 

Pursuant to Rule 43, the Committee Substitute bill is ordered held in the office 
of the Principal Clerk pending referral to committee. 

H.B. 1298 (Committee Substitute), a bill regarding requirements for sprinkler 
systems in fraternity and sorority houses in the Towns of Chapel Hill and Carrboro 
and their extraterritorial planning jurisdictions. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1347, a bill to allow the Cumberland County Board of Education to permit 
the use of public school buses to serve the transportation needs of the National 
Forensics League Tournament. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1401, a bill amending the Charter of the City of Fayetteville regarding 
zoning hearings. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1421, a bill to provide for the election of the Board of Education of the 
Mount Airy City School Administrative Unit. 
Referred to Local Government and Regional Affairs Committee. 



June 12, 1996 



1996] SENATE JOURNAL 147 

With unanimous consent, on motion of Senator Rand, the Senate recesses at 
8:26 P.M. for purpose of a Finance Committee meeting to reconvene at 8:31 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

CALENDAR 

H.B. 1100 (Senate Committee Substitute), a bill to implement the recommenda- 
tion of the School Capital Construction Study Commission to authorize the 
issuance of general obligation bonds of the State, subject to a vote of the qualified 
voters of the State, to provide funds for grants to counties for public school capital 
outlay projects, in order to promote equity in local school facilities across the State 
and to enable local governments to give local property tax relief, and to ensure 
that certain grants for school facility needs continue to be made in accordance with 
the 1988 priority list, upon second reading, on today's Calendar. 

With unanimous consent, on motion of Senator Winner, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Simpson. 

Senator Winner offers Amendment No. 1, held to be not material, which is 
adopted (45-2). 

Senator McDaniel offers Amendment No. 2, which proposes to amend the 
measure as amended by Amendment No. 1, which is adopted (46-1). 

The Senate Committee Substitute bill, as amended, passes its second reading by 
roll-call vote, ayes 43, noes 4, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Sherron, Soles, 
Speed, Warren, Webster, and Winner — 43. 

Voting in the negative: Senators Ballance, Blust, Horton, and Shaw — 4. 

The Senate Committee Substitute bill, as amended, is ordered placed on the 
Calendar for tomorrow, Thursday, June 13, for further consideration upon third 
reading. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Sherron for the Finance Committee: 

H.B. 540 (Senate Committee Substitute), a bill to authorize the issuance of nine 
hundred fifty million dollars general obligation bonds of the State, subject to a 
vote of the qualified voters of the State, for the construction of highways and to 
amend the Highway Trust Fund, with a favorable report. 



June 12, 1996 



148 SENATE JOURNAL [Second Session 

COMMITTEE REFERRAL RECALL 

S.B. 1337, a bill to repeal the increase in the individual income tax enacted in 
1991, referred to the Finance Committee on May 27. 

Pursuant to public notice given under Rule 47(a), Senator McDaniel offers a 
motion the bill be recalled from the Finance Committee and placed before the 
Senate for immediate consideration upon its passage. 

Senator Rand offers a motion the motion to recall the bill do lie upon the table, 
seconded by Senator Odom. The motion to table prevails (26-20) and the motion 
to recall the bill lies upon the table. 

S.B. 1338, a bill to repeal the increase in the corporate income tax enacted in 
1991, referred to the Finance Committee on May 27. 

Pursuant to public notice given under Rule 47(a), Senator McDaniel offers a 
motion the bill be recalled from the Finance Committee and placed before the 
Senate for immediate consideration upon its passage. 

Senator Rand offers a motion the motion to recall the bill do lie upon the table, 
seconded by Senator Odom. The motion to table prevails (26-20) and the motion 
to recall the bill lies upon the table. 

On motion of Senator Basnight, seconded by Senator McDaniel, the Senate 
adjourns at 9:15 P.M. to meet tomorrow, Thursday, June 13, at 1:30 P.M. 



ONE HUNDRED TWENTY-NINTH DAY 

Senate Chamber 
Thursday, June 13, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our Heavenly Father, the poet Carl Sandburg quotes a little boy who had just 
pulled up a large weed from the soil. When his mother said, 'My, you were strong 
to get that out!' The boy answered, T sure was. The whole Earth had hold of it!' 

"On days when decisions we face and tasks to be completed make it seem like 
we are pulling against the whole Earth, give us the faith that You promised would 
move mountains. 

"Because faith in You, O God, is less apt to proceed from miracles than miracles 
from faith in God. Amen" 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, June 12, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Carl Haynes 
of Kinston, who is serving the Senate as Doctor of the Day. 



June 13, 1996 



1996] SENATE JOURNAL 149 

ENROLLED RESOLUTIONS 

The Enrolling Clerk reports the following resolutions properly enrolled and they 
are duly ratified and sent to the Office of the Secretary of State: 

H.J.R. 1228, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring the life and memory of Nancy 
Winbon Chase, former State Legislator. (Res. 18) 

H.J.R. 1276, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring John Carteret, Earl of Granville, 
for whom Granville County was named upon the occasion of the Two Hundred 
Fiftieth Anniversary of Granville County. (Res. 19) 

INTRODUCTION OF A RESOLUTION 

A joint resolution filed for introduction is presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Jordan, Ballance, Lucas, Dannelly, Martin of Guilford, McKoy, 
Edwards, Soles, Parnell, Cooper, Hobbs, Speed, Rand, Albertson, Plyler, Gulley, 
Kerr, Conder, Sherron, Odom, McDaniel, Blust, Perdue, Carrington, Martin of Pitt, 
East, Page, Winner, Little, Blackmon, Warren, Davis, Ballantine, Carpenter, and 
Forrester: 

S.J.R. 1488, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a bill to be entitled an act to raise the penalty for 
burning of religious structures. 

Referred to Rules and Operation of the Senate Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message received in the office of the Principal Clerk from the House of 
Representatives transmitting a bill for concurrence is presented to the Senate, read, 
and disposed of, as follows: 

S.B. 126 (House Committee Substitute), a bill to create the Long-Term Care 
Subcommittee and to provide for the creation of other subcommittees of the North 
Carolina Study Commission on Aging and to make changes to the long-term care 
law. 

Pursuant to Rule 43, the House Committee Substitute bill is ordered held in the 
office of the Principal Clerk pending referral to committee. 

Messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, 
and disposed of, as follows: 

H.B. 1101, a bill to implement the recommendation of the School Capital 
Construction Study Commission to make permanent the requirement that counties 
use part of the two half-cent local sales tax proceeds only for public school capital 
outlay purposes. 



June 13, 1996 



150 SENATE JOURNAL [Second Session 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

H.B. 1258, a bill to authorize the University of North Carolina to retain the net 
proceeds from sale of the former residence of the Chancellor of Winston-Salem 
State University for application toward purchase of the successive residence for the 
Chancellor. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

REPORT OF COMMITTEE 

A standing committee reports is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it and takes its 
place on the Calendar, as follows: 

By Senator Perdue for the Appropriations Committee: 

H.B. 1108 (Committee Substitute), a bill to modify the Continuation Budget 
Operations Appropriations Act of 1995, and the Expansion and Capital Improve- 
ments Appropriations Act of 1995, and to make other changes in the budget 
operation of the State, with an unfavorable report as to Committee Substitute bill, 
but favorable as to Senate Committee Substitute bill. 

On motion of Senator Perdue, the rules are suspended, and the proposed Senate 
Committee Substitute bill 5719 is placed before the Senate for immediate consider- 
ation, and on her further motion is adopted. 

On motion of Senator Perdue, the Senate Committee Substitute bill remains 
before the Senate for further consideration upon its passage. 

Senator Perdue offers a motion to suspend the rules to allow the staff of the 
Fiscal Research Division privileges of the floor to assist the Appropriations 
Committee Chairmen and Appropriations Sub-Committee Chairmen with explana- 
tion of the Senate Committee Substitute bill, which motion prevails with unani- 
mous consent. 

Senator Cochrane offers Amendment No. 1. Senator Perdue calls the previous 
question, seconded by Senator Odom. The call is sustained (27-22). Amendment 
No. 1 offered by Senator Cochrane fails of adoption (23-26). 

Senator Allran offers Amendment No. 2. Senator Kerr rises to a point of order 
as to consideration of Amendment No. 2, without referral to the Pensions and 
Retirement/Insurance/State Personnel Committee pursuant to Rule 42.2, being out 
of order. The Chair rules consideration of Amendment No. 2 in order, and fur- 
ther holds Amendment No. 2 material. Following lengthy debate, Senator Perdue 
calls the previous question, seconded by Senator Rand. The call is sustained 
(27-23). Amendment No. 2, offered by Senator Allran, fails of adoption (24-26). 

Senator Little offers Amendment No. 3 which is adopted (47-0). 

Senator Ballance offers Amendment No. 4 which is adopted (37-12). 

Pursuant to Rule 28, Senator Ballantine rises to a point of order to divide the 
Senate Committee Substitute bill, as amended, at page 31 through 46. The Chair 
rules the question before the body is passage of the measure and cannot be 
divided except by amendment. 

Senator Plyler calls the previous question, seconded by Senator Perdue. The call 
is sustained (27-23). 



June 13, 1996 



1996] SENATE JOURNAL 151 

The Senate Committee Substitute bill, as amended, passes its second (30-20) 
and third readings and is ordered engrossed and sent to the House of Representa- 
tives, for concurrence in the Senate Committee Committee Substitute bill, without 
objection, by special messenger. 

CALENDAR 

H.B. 1100 (Senate Committee Substitute), a bill to implement the recommenda- 
tion of the School Capital Construction Study Commission to authorize the 
issuance of general obligation bonds of the State, subject to a vote of the qualified 
voters of the State, to provide funds for grants to counties for public school capital 
outlay projects, in order to promote equity in local school facilities across the State 
and to enable local governments to give local property tax relief, and to ensure 
that certain grants for school facility needs continue to be made in accordance with 
the 1988 priority list, as amended, on today's Calendar upon third reading. 

With unanimous consent, on motion of Senator Winner, the Senate Committee 
Substitute bill, as amended, is taken up out of its regular order of business and on 
her further motion, is placed as the first order of business on the Calendar for 
consideration. 

INTRODUCTION OF RESOLUTIONS 

Senator Rand offers a motion that Rule 40 be suspended to allow the introduc- 
tion of the following joint resolutions filed earlier today, which motion prevails by 
a two-thirds majority vote. 

By Senators Kerr, Soles, Speed, Simpson, Cochrane, Kincaid, Horton, and 
Perdue: 

S.J.R. 1489, a joint resolution honoring the life and memory of Nancy Winbon 
Chase, former State legislator. 

On motion of Senator Rand, the joint resolution is placed on the Calendar for 
Monday, June 17, for consideration upon its passage. 

By Senators Gulley and Lucas: 

S.J.R. 1490, a joint resolution honoring John Carteret, Earl of Granville, for 
whom Granville County was named upon the occasion of the Two Hundred 
Fiftieth Anniversary of Granville County. 

On motion of Senator Rand, the joint resolution is placed on the Calendar for 
Monday, June 17, for consideration upon its passage. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 1214, a bill to make it a Class F felony offense to assault a law enforcement 
officer and inflict serious bodily injury and to create a new criminal offense of 



June 13, 1996 



152 SENATE JOURNAL [Second Session 

assaulting a firefighter as recommended by the Legislative Research Commission's 
Study Committee on Criminal Laws, Procedures, and Sentencing, with a favorable 
report, as amended. 

S.B. 1291, a bill to reclassify or change the penalties for various criminal 
offenses as recommended by the North Carolina Sentencing and Policy Advisory 
Commission, with a favorable report, as amended. 

H.B. 1157 (Committee Substitute), a bill to codify and clarify the State Board of 
Elections' ruling concerning contributions to State campaigns by federal com- 
mittees, with a favorable report, as amended. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Cooper. 

By Senator Kerr for the Finance Committee: 

H.B. 1094, a bill to prohibit the imposition of a failure to pay penalty when 
additional tax due is paid at the time an amended return is filed or within thirty 
days after the additional tax was assessed, with a favorable report. 

H.B. 1096, a bill to transfer responsibility for collecting the remainder of the 
gross premiums tax from the Department of Insurance to the Department of 
Revenue and to clarify related statutes, with a favorable report. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

H.B. 1100 (Senate Committee Substitute), a bill to implement the recommenda- 
tion of the School Capital Construction Study Commission to authorize the 
issuance of general obligation bonds of the State, subject to a vote of the qualified 
voters of the State, to provide funds for grants to counties for public school capital 
outlay projects, in order to promote equity in local school facilities across the State 
and to enable local governments to give local property tax relief, and to ensure 
that certain grants for school facility needs continue to be made in accordance with 
the 1988 priority list, as amended, upon third reading. 

The Senate Committee Substitute bill, as amended, passes its third reading by 
roll-call vote, ayes 39, noes 5, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Davis, East, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Hoyle, Jordan, Kerr, 
Ledbetter, Little, Lucas, Martin of Guilford, McDaniel, McKoy, Odom, Page, 
Parnell, Perdue, Plexico, Plyler, Rand, Sherron, Soles, Speed, Warren, and 
Winner— 39. 

Voting in the negative: Senators Ballance, Blust, Horton, Shaw, and 
Webster— 5. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and 
sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill, without objection, by special messenger. 



June 13, 1996 



1996] SENATE JOURNAL 153 

H.B. 540 (Senate Committee Substitute), a bill to authorize the issuance of nine 
hundred fifty million dollars general obligation bonds of the State, subject to a 
vote of the qualified voters of the State, for the construction of highways and to 
amend the Highway Trust Fund, on today's Calendar, upon second reading. 

With unanimous consent, on motion of Senator Hoyle, the Senate Committee 
Substitute bill is taken up out of its regular order of business and on his further 
motion is placed before the Senate for immediate consideration. 

Senator Horton offers Amendment No. 1. Senator Horton calls the previous 
question, seconded by Senator Rand. The call is sustained. Amendment No. 1, 
offered by Senator Horton, fails of adoption (14-32). 

The Senate Committee Substitute bill passes its second reading by roll-call vote, 
ayes 43, noes 3, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Cochrane, Conder, Dannelly, 
Davis, East, Edwards, Forrester, Foxx, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Soles, Speed, Warren, and Winner — 43. 

Voting in the negative: Senators Clark, Ledbetter, and Webster — 3. 

The Senate Committee Substitute bill is ordered placed on the Calendar for 
Monday, June 17, for further consideration upon third reading. 

S.B. 1295, a bill to clarify eligibility under the Salary Continuation Plan for 
employees of the Department of Correction, carried forward as unfinished business 
from Tuesday, June 11, upon third reading. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business, and on his further motion the bill is recommitted 
to the Judiciary I/Constitution Committee. 

SELECT COMMITTEE ON REDISTRICTING 

Senator Basnight, President Pro Tempore, announces the appointment of the 
following Senators to a Select Committee on Redisricting: Senator Cooper, 
Chairman; Senator Conder; Senator Hoyle; Senator Rand; Senator Winner; 
Senator Ballance; Senator Martin of Pitt; Senator Forrester; Senator Ballantine; 
and Senator Kincaid. 

ANNOUNCEMENT 

H.B. 1108 

(Senate Committee Substitute) 

Senator Basnight, President Pro Tempore, announces the following Senators shall 
represent the Senate upon consideration of differences arising between the 
two Bodies on H.B. 1108 (Senate Committee Substitute), a bill to modify the 
Continuation Budget Operations Appropriations Act of 1995, and the Expansion 
and Capital Improvements Appropriations Act of 1995, and to make other changes 
in the budget operation of the State: Senator Plyler, Chairman; Senator Perdue; 
Senator Odom; Senator Kerr; Senator Sherron; Senator Conder; Senator Rand; 
Senator Martin of Guilford; Senator Martin of Pitt; Senator Plexico; Senator 
Winner; Senator Hoyle; Senator Warren; Senator Ballance; Senator Cooper; 
Senator Gulley; Senator Little; and Senator Hartsell. 



June 13, 1996 



154 SENATE JOURNAL [Second Session 

CALENDAR (Continued) 

S.B. 850 (Committee Substitute), a bill to provide that the value of certain 
inventories is deductible in calculating a corporation's investment in tangible prop- 
erty in North Carolina for franchise tax purposes, on today's Calendar. 

With unanimous consent, on motion of Senator Plyler, the Committee Substitute 
bill is taken up out of its regular order of business, and on his further motion is 
re-referred to the Appropriations Committee. 

With bills remaining on the Calendar, on motion of Senator Basnight, seconded 
by Senator Ballantine, the Senate adjourns at 4:20 P.M. to meet Monday, June 17, 
at 4:00 P.M. 



ONE HUNDRED THIRTIETH DAY 

Senate Chamber 
Monday, June 17, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Remarks and prayer are offered by the Reverend Jeffrey Wisdom, Senior 
Minister of Madison Avenue Baptist Church in Goldsboro, as follows: 

"Joe McKeever had published several years ago a cartoon showing a pastor 
behind the sacred desk leading the congregation in prayer. 

"He prayed, 'Forgive us for our pride in pluralism and the evaluation of eclecti- 
cism, as well as the tendency to pontificate in prayer.' 

"During this time in invocation, I want to pray for each of you that the decisions 
you make will be guided by sensible morality and agreed matters of right and 
wrong. And for my part, I will not pontificate in prayer. In other words, I will 
make it short. Let us pray." 

"God, I thank You for this Assembly, and I recognize that the decisions made in 
this office have the potential for affecting everyone I know and those I have not 
yet met. So, O Lord, I pray, help each in this Assembly to make their decisions 
and argue their debates with a sense of divine purpose. Help them to be fair, 
equitable, and sensitive to the needs of our communities, to shy away from the 
expedient, and the politically savvy, and the politically polite that prides itself in 
pluralism and eclecticism. Instead, give everyone here the will to stand up for his 
or her conviction, belief, or faith. 

"And lastly, help each of us to be good citizens of this great State, North 
Carolina. Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator Cooper. 



June 17, 1996 



1996] SENATE JOURNAL 155 

Senator Soles, Deputy President Pro Tempore, announces the Journal of 
Thursday, June 13, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 1116, an act to allow persons who are unable to go to the polls because of 
observance of a religious holiday to cast an absentee ballot. (Ch. 561) 

S.B. 1169, an act to allow the Cumberland County Board of Education to permit 
the use of public school buses to serve the transportation needs of the National 
Forensics League Tournament. (Ch. 562) 

S.B. 1203, an act to allow the City of Bessemer City to convey certain described 
property at private sale. (Ch. 563) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 1122, a bill to allow Swain County to employ attachment or garnishment 
and to obtain a lien for ambulance services, with a favorable report. 
On motion of Senator Jordan, the bill is re-referred to the Finance Committee. 

H.B. 1130, a bill to authorize the Counties of Camden, Chowan, Currituck, 
Pasquotank, Perquimans, Tyrrell, and Washington to take a lien on real property 
for delinquent fees for certain inspections, with a favorable report. 

H.B. 1136 (Committee Substitute), a bill to allow Craven County and the Cities 
of New Bern and Havelock to donate unclaimed bicycles to charity, with a 
favorable report. 

H.B. 1298 (Committee Substitute), a bill regarding requirements for sprinkler 
systems in fraternity and sorority houses in the Towns of Chapel Hill and Carrboro 
and their extraterritorial planning jurisdictions, with a favorable report. 

H.B. 1347, a bill to allow the Cumberland County Board of Education to permit 
the use of public school buses to serve the transportation needs of the National 
Forensics League Tournament, with a favorable report. 

H.B. 1401, a bill amending the Charter of the City of Fayetteville regarding 
zoning hearings, with a favorable report. 



June 17, 1996 



156 SENATE JOURNAL [Second Session 

COMMITTEE REFERRAL RECALL 

H.B. 1125, a bill to allow one-stop ballots to be directly inserted in optical scan 
tabulators in Wake County as if the ballots were being voted at the precinct, 
referred to the Local Government and Regional Affairs Committee on June 3. 

Pursuant to Rule 47(b), Senator Jordan offers a motion the bill be taken from 
the Local Government and Regional Affairs Committee and re-referred to the 
Judiciary H/EIection Laws Committee, which motions prevail with unanimous 
consent. 

The Chair orders the bill recalled from the Local Government and Regional 
Affairs Committee and refers the measure to the Judiciary II/Election Laws 
Committee. 

REPORTS OF COMMITTEES (Continued) 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

S.B. 1301, a bill to make various technical amendments to the General Statutes 
as recommended by the General Statutes Commission, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed Com- 
mittee Substitute bill 8740, which changes the title to read S.B. 1301 (Committee 
Substitute), a bill to make various technical amendments to the General Statutes as 
recommended by the General Statutes Commission and to make other technical 
corrections to the General Statutes, is placed before the Senate for immediate 
consideration. 

On motion of Senator Gulley, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for tomorrow, June 18, for further consideration. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 1343, a bill to specify that one member of the Environmental Management 
Commission shall have employment experience in industrial air and water pollution 
control at an industrial manufacturing facility, as recommended by the Environ- 
mental Management Commission, with a favorable report, as amended. 

S.B. 1318, a bill to establish a nonregulatory program to protect water quality 
and to create the Riparian Buffer Facilitation and Assistance Grant Fund to sus- 
tain water quality in the State through cooperative methods, as recommended by 
the Environmental Review Commission, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Albertson, the proposed Committee Substitute bill 1832, 
which changes the title to read S.B. 1318 (Committee Substitute), a bill to estab- 
lish a nonregulatory program to protect water quality, to create the Riparian 
Buffer Facilitation and Assistance Grant Fund to sustain water quality in the State 
through cooperative methods, and to increase the cap on the income tax credit for 
real property donated for conservation purposes, as recommended by the 
Environmental Review Commission, is placed before the Senate for immediate 
consideration. 



June 17, 1996 



1996] SENATE JOURNAL 157 

On motion of Senator Albertson, the Committee Substitute bill is adopted, and 
on his further motion the Committee Substitute bill is re-referred to the Finance 
Committee. 

H.B. 859 (Committee Substitute No. 2), a bill to revise the Solid Waste Manage- 
ment Act of 1989 and related statutes, with an unfavorable report as to Committee 
Substitute bill No. 2, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Albertson, the proposed Senate Committee Substitute bill 
7351 is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Finance Committee. 

Pursuant to Rule 47(b), Senator Sherron offers a motion the Senate Committee 
Substitute bill be taken from the Finance Committee and placed on the Calendar 
for tomorrow, June 18, which motions prevail with unanimous consent. 

The Chair orders the Senate Committee Substitute bill recalled from the 
Finance Committee and places it on the Calendar for tomorrow, June 18, for 
consideration upon its passage. 

INTRODUCTION OF A RESOLUTION 

A resolution filed for introduction is presented to the Senate, read the first time, 
and disposed of, as follows: 

By Senators Plyler, Rand, Gulley, Perdue, Odom, Conder, Kincaid, Plexico, 
Parnell, Ballance, Simpson, Martin of Guilford, Blackmon, Cooper, Dannelly, 
Clark, Webster, Forrester, East, Speed, Soles, Hoyle, Albertson, Lucas, and 
Carpenter: 

S.J.R. 1491, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a joint resolution honoring the life and memory of 
Wesley Davis Webster, former member of the General Assembly. 

With unanimous consent, on motion of Senator Plyler, the rules are suspended 
to the end the joint resolution is placed before the Senate for immediate consider- 
ation, upon its passage. 

Subsequently, the Chair orders, without objection, the joint resolution tempo- 
rarily displaced. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message is received in the office of the Principal Clerk from the House of 
Representatives transmitting a bill which is presented to the Senate, read a first 
time, and disposed of, as follows: 

H.B. 1177 (Committee Substitute), a bill to allow the merger of the Town of 
Battleboro into the City of Rocky Mount. 
Referred to Local Government and Regional Affairs Committee. 

Messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills for concurrence are presented to the Senate, 
read, and disposed of, as follows: 



June 17, 1996 



158 SENATE JOURNAL [Second Session 

S.B. 687 (Committee Substitute), a bill to provide for improvement permits for 
sewage disposal systems, for concurrence in the House Committee Substitute bill 
No. 2, which changes the title, upon concurrence, to read, S.B. 687 (House 
Committee Substitute No. 2), a bill to provide for improvement permits for a 
wastewater system that are valid for five years in addition to the improvement 
permits that are valid without expiration under current law, which is placed on the 
Calendar for tomorrow, Tuesday, June 18. 

S.B. 1173 (Committee Substitute), a bill to permit the local boards of education 
of various counties to schedule longer school days so as to offset days lost due to 
inclement weather, for concurrence in House Amendment No. 1, which is placed 
on the Calendar for tomorrow, Tuesday, June 18. 

Messages and a special message received in the office of the Principal Clerk 
from the House of Representatives transmitting bills are presented to the Senate, 
read the first time, and disposed of, as follows: 

H.B. 1080 (Committee Substitute), a bill to make fox hunting in Currituck 
County consistent with the regulations of the Wildlife Resources Commission by 
repealing the law authorizing fox hunting in certain portions of Currituck County 
at all times of the year. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1082 (Committee Substitute), a bill to change the laws governing annex- 
ation by cities with a population of five thousand or more. 
Referred to Judiciary H/Election Laws Committee. 

H.B. 1083, a bill to require first-class mail notice to all property owners in an 
area proposed for addition to a municipality's extraterritorial planning and zoning 
jurisdiction, proportional representation for residents of the ETJ on the planning 
agency, and a hearing before county appointment of representation to the planning 
agency. 

Referred to Judiciary II/Election Laws Committee. 

H.B. 1084 (Committee Substitute), a bill to change the laws governing annex- 
ation by cities with a population of less than five thousand. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

H.B. 1131, a bill to permit extension of candidate filing for local offices in 
Pasquotank County when the County Board of Elections Office is closed on the 
last day for filing due to severe weather conditions. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1187, a bill to permit the local boards of education in certain counties to 
schedule longer school days so as to offset days lost due to inclement weather. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1208, a bill to permit the local boards of education in certain counties to 
schedule longer school days so as to offset days lost due to inclement weather. 
Referred to Education/Higher Education Committee. 



June 17, 1996 



1996] SENATE JOURNAL 159 

H.B. 1209, a bill to authorize the Cities of Brevard and Hendersonville to create 
squirrel sanctuaries for the preservation of the "Brevard White Squirrel." 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1233 (Committee Substitute No. 2), a bill to enact the Overhead High- 
Voltage Line Safety Act as recommended by the Joint Legislative Utility Review 
Committee. 

Pursuant to Rule 43, the Committee Substitute bill No. 2 is ordered held in the 
office of the Principal Clerk pending referral to committee. 

H.B. 1259 (Committee Substitute), a bill to provide federal retirees a refundable 
tax credit, without interest, for State income tax paid on their retirement benefits 
for tax years 1985 through 1988. 

Referred to Finance Committee. 

H.B. 1345 (Committee Substitute), a bill to implement the recommendations of 
the Committee on Appropriations by establishing the percentage rates for the 
insurance regulatory charge and the public utility regulatory fee. 

Referred to Finance Committee. 

H.B. 1371, a bill to exempt the County of Johnston from certain statutory 
requirements relating to the construction of an animal control facility. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1376 (Committee Substitute), a bill to remove the bag limits on the 
trapping of raccoons in Beaufort, Craven, Hyde, Pamlico, and Pitt Counties. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1385, a bill to provide for a referendum in Brunswick County on the 
questions of changing the terms of office of the Brunswick County Board of Com- 
missioners and the Brunswick County Board of Education from two years to four 
years. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1388, a bill to amend the law regarding the City of Wilson Firemen's 
Supplemental Retirement Fund. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1394, a bill to allow the Counties of Graham and Cherokee to acquire 
property for use by the County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1414, a bill relating to the Charlotte Civil Service Board. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1384, a bill to limit the height of structures in the Town of Calabash and 
to allow exceptions to the height limit upon approval by referendum. 
Referred to Local Government and Regional Affairs Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 



June 17, 1996 



160 SENATE JOURNAL [Second Session 

H.B. 1100 House of Representatives 

(Senate Committee Substitute) June 14, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House failed to concur in Senate Committee Substitute for H.B. 1100, 
A BILL TO BE ENTITLED AN ACT TO IMPLEMENT THE RECOM- 
MENDATION OF THE SCHOOL CAPITAL CONSTRUCTION STUDY 
COMMISSION TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGA- 
TION BONDS OF THE STATE, SUBJECT TO A VOTE OF THE QUALIFIED 
VOTERS OF THE STATE, TO PROVIDE FUNDS FOR GRANTS TO 
COUNTIES FOR PUBLIC SCHOOL CAPITAL OUTLAY PROJECTS, IN 
ORDER TO PROMOTE EQUITY IN LOCAL SCHOOL FACILITIES ACROSS 
THE STATE AND TO ENABLE LOCAL GOVERNMENTS TO GIVE LOCAL 
PROPERTY TAX RELIEF, which proposes to change the title upon concurrence 
to read, Senate Committee Substitute for H.B. 1100, A BILL TO BE ENTITLED 
AN ACT TO IMPLEMENT THE RECOMMENDATION OF THE SCHOOL 
CAPITAL CONSTRUCTION STUDY COMMISSION TO AUTHORIZE THE 
ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE, SUBJECT 
TO A VOTE OF THE QUALIFIED VOTERS OF THE STATE, TO PROVIDE 
FUNDS FOR GRANTS TO COUNTIES FOR PUBLIC SCHOOL CAPITAL 
OUTLAY PROJECTS, IN ORDER TO PROMOTE EQUITY IN LOCAL 
SCHOOL FACILITIES ACROSS THE STATE AND TO ENABLE LOCAL 
GOVERNMENTS TO GIVE LOCAL PROPERTY TAX RELIEF, AND TO 
ENSURE THAT CERTAIN GRANTS FOR SCHOOL FACILITY NEEDS 
CONTINUE TO BE MADE IN ACCORDANCE WITH THE 1988 PRIORITY 
LIST, the Speaker has appointed as conferees on the part of the House, 
Representative Daughtry, Chair: Representatives Shubert, Gray, Culpepper, and 
Arnold to act with a like Committee on the part of the Senate to the end that the 
differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1108 House of Representatives 

(Senate Committee Substitute) June 14, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House failed to concur in Senate Committee Substitute for H.B. 1108, A 
BILL TO BE ENTITLED AN ACT TO MODIFY THE CONTINUATION 
BUDGET OPERATIONS APPROPRIATIONS ACT OF 1995, AND THE 
EXPANSION AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 
1995, AND TO MAKE OTHER CHANGES IN THE BUDGET OPERATION 
OF THE STATE, the Speaker has appointed as conferees on the part of the 
House, Representatives Holmes, Esposito, and Creech, Co-Chairs, Representatives 



June 17, 1996 



1996] SENATE JOURNAL 161 

Daughtry, Russell, Bowie, Grady, Preston, Weatherly, Mitchell, Thompson, Justus, 
Hayes, Gardner, Lemmond, Ives, Nye, Crawford, Cummings, Cansler, Kiser, Gray, 
Arnold, C. Wilson, Nichols, and Morgan to act with a like committee on the part 
of the Senate to the end that the differences existing between the two bodies may 
be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

NOTICE OF INTENTION TO RECALL 

S.B. 1482, a bill to ban partial-birth abortions and to require a twenty-four- 
hour waiting period and the informed consent of a pregnant woman before abor- 
tion may be performed, to require physicians to inform women of medical risks, 
gestational age, the name of the physician performing the abortion, and certain 
other information, and to require certain printed materials and reports, referred to 
the Judiciary II/Election Laws Committee on June 3. 

Senator Page rises and gives notice, pursuant to Rule 47, of his intention to 
recall the bill from the Judiciary II/Election Laws Committee. 

CALENDAR 

S.J.R. 1491, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a joint resolution honoring the life and memory of 
Wesley Davis Webster, former member of the General Assembly, temporarily 
displaced earlier. 

The joint resolution passes its second (45-0) and third readings. Receiving a 
two-thirds affirmative majority, the joint resolution is ordered sent to the House of 
Representatives. 

COMMITTEE REFERRAL RECALL 

S.B. 1304, a bill to phase out over four years the four percent State sales tax on 
food and reduce the size of State government by authorizing the Governor to 
freeze hiring for State employees other than education, public safety, public health, 
and other appropriate positions, referred to the Finance Committee on May 27. 

Pursuant to public notice given three consecutive days in the Senate, Senator 
Cochrane offers a motion the bill be recalled from the Finance Committee and 
placed before the Senate for immediate consideration upon its passage. 

Senator Rand offers a motion that the motion to recall the bill do lie upon the 
table, seconded by Senator Odom. 

The Chair declares the voting equipment inoperative. 

The motion to table prevails with members standing (25-21) and the motion to 
recall the bill lies upon the table. 

CALENDAR 

A joint resolution on today's Calendar is taken up out of the regular order of 
business and disposed of, as follows: 



June 17, 1996 



162 SENATE JOURNAL [Second Session 

S.J.R. 1489, a joint resolution honoring the life and memory of Nancy Winbon 
Chase, former State legislator. 

With unanimous consent, on motion of Senator Kerr, the joint resolution is read 
in its entirety. (See Appendix) 

With unanimous consent, on motion of Senator Kerr, the remarks of the 
Senators memorializing the life and memory of Nancy Winbon Chase, former 
member of the General Assembly, are spread upon the Journal, as follows: 

By Senator Kerr: 

"Thank you, Mr. President, ladies and gentlemen of the Senate. 'Miss Nancy' 
was an institution in Wayne County. In the early sixties we had some problems, I 
guess, in the political system, and she was a lady who had built a record in the 
farming, the agriculture, and the church communities of her small town in my 
County. But, she came out and came and took over this job up here and served 
in the House for sixteen years. She was the first lady from Wayne County that had 
served in the General Assembly. 

"While she was small in stature, and my Daddy always said, 'You don't measure 
height all the way up, you measure height from here up.' 'Miss Nancy' was very 
small in stature, but she was large in mind; she was large in commitment; she was 
large in service; and she was large in helping her fellow man. 

"I guess her initiatives here in the area of the mental health — which amazes me 
to this time I believe the House had nothing for mental health in the budget, but, 
be that as it may — she has been a leader in our community and had a long and 
delightful life of ninety-one years. And I know several Members in this Body, a 
few served with her, and there were several Members in the House. I just com- 
mend this resolution to you; I commend the life of this lady as to show us the path 
and at the proper time, Mr. President, I'd appreciate if you'd recognize the 
members of the family and the numerous friends from the Eureka, Wayne County 
area. This is a great lady and let's join in and salute her, and I appreciate the 
opportunity to present this to the Body." 

By Senator Soles: 

"Mr. President, ladies and gentlemen of the Senate, it was my great honor to 
have an opportunity to serve with Representative Nancy Chase for four terms in 
the House of Representatives. I sat on, as you go in the Chamber and look 
toward the Presiding Officer, I sat on the left side of the aisle, she sat a seat or 
two over on the right side of the aisle. We were on the same row. We had a lots 
of communication back and forth and I often enjoyed listening to her speak and 
argue her points. As Senator Kerr has said, she was a short lady in height, but she 
was tall in so many other ways. I remember when she would stand up, many 
times, those of us who were close friends sitting around her would whisper under 
our breath to her, 'Stand up, Miss Nancy,' and, of course, she'd already be 
standing up and she'd turn around and kind of smile, but it never did slow her 
down. She worked for so many good causes: education, mental health, children, 
and just agriculture — nothing about the farming community was too important or 
too mundane for her to take up the cause for. 

"I have one little story I wish to share with you that is a little bit humorous, and 
I hope it's taken in the right vein because I don't know if Miss Nancy Chase ever 
smoked in her life. She may have smoked on a regular basis, but I never saw her 
smoke in public, except one time, and she didn't intend for me to see her do it at 



June 17, 1996 



1996] SENATE JOURNAL 163 

that time. 'Miss Nancy' had been here long enough that she had been assigned an 
office on the first floor on the outside, or the west wing. And it was a larger office 
and I walked down there one day to speak to her and I just kind of tapped on the 
door, and as we are prone to do, walked right on in. And 'Miss Nancy' was sitting 
there and I saw this cigarette in her hand, and it went under the table and I 
played like I didn't see it and she played like she didn't have it. And I stood there 
and talked with her for a good five or ten minutes with the smoke just coming up 
(laughter) from under the desk and neither one of us ever acknowledged that that 
desk appeared to be on fire. But, she was an outstanding lady, she rendered great 
service to the State of North Carolina, and I encourage you to join in voting for 
this resolution." 

By Senator Speed: 

"Members of the Senate, I had the good fortune of knowing Miss Nancy Chase 
a good long time before she came to the General Assembly as one of the promi- 
nent Members. She was real active in Farm Bureau and agricultural affairs and at 
that time I was with her on a number of meetings, in a number of meetings of 
Farm Bureau in other areas of agricultural interest. We were together at State 
conventions, and perhaps several national Farm Bureau conventions. She was a 
very outstanding leader in rural life and agriculture. And after — she was also a 
member of the Board of Trustees of Louisburg College which, of course, I person- 
ally appreciate because that is an institution that has meant a lot to our area. But 
'Miss Nancy' came to the General Assembly and was soon recognized as one of 
the leaders. She was interested in the good of North Carolina in general, but she 
gave special attention to agriculture, mental health, and the underprivileged. She 
served on many important committees and chaired several very important commit- 
tees during that time. She was respected by all Members of the General Assembly 
and was known as an outstanding leader throughout the State. North Carolina is 
a better State today because of the life and efforts of Miss Nancy Chase. She will 
long be remembered as one of our great leaders, and it was my good fortune of 
knowing her during the time. Thank you." 

By Senator Basnight: 

"Thank you, Mr. President, Members of the Senate. I, as Senator Kerr 
explained when you measure someone, you measure not from here down, but from 
neck up; and when we do that we understand that we're all equal. In finding the 
contributions that one does make we realize that it is through knowledge and care 
and concern of others. Well, she certainly had that, Senator Soles in your explana- 
tion of the confrontation that you had that day was very interesting and best 
described, I believe in a funny sense. A human being that came to serve in this 
Building on behalf of the smaller people among us, those who probably, because 
of location or because of physical constraints, or because of mental disabilities 
were not able to compete in our society as many of us are. She always cared. She 
wanted to see people succeed and do well. She gave of her time. She took away 
from other endeavors to see that North Carolina was a little bit better of a place 
to live. She was a wonderful human being and a great legislator." 

With unanimous consent the joint resolution passes its second reading (47-0) 
and third reading, with Members standing, and is ordered, without objection, sent 
to the House of Representatives by special messenger. 



June 17, 1996 



164 SENATE JOURNAL [Second Session 

The Chair extends courtesies of the gallery to the family and friends of Nancy 
Winbon Chase present who are: Mrs. Janice Chase, daughter-in-law; Lu Chase 
Massey, granddaughter and her husband Louis Masssey; Chase and Jackson 
Massey, great-grandchildren; John Bryant Chase II, grandson; Mr. and Mrs. 
Tommy Cobb; Mrs. Winnie R. Davis; Mr. and Mrs. Sam Sasser and Grant; Mr. 
and Mrs. Marion Chase; and Mrs. Thelma West. 

COURTESIES 

Senator Parnell offers a motion privileges of the floor be extended to Colonel 
William S. McArthur, Jr., astronaut, which motion prevails with unanimous 
consent. The President recognizes Senator Basnight, President Pro Tempore, who 
appoints Senator Parnell of Robeson, Senator Conder of Rockingham, Senator 
Rand of Cumberland, Senator Soles of Columbus, and Senator Jordan of New 
Hanover to escort the guest to the Well of the Senate. The Senate receives 
Colonel McArthur standing. 

Senator Parnell presents Colonel McArthur to the President of the Senate who 
recognizes him to address the Senate. Colonel McArthur offers remarks {see 
Appendix) and presents the Senate with a photo montage from space which 
includes a crew patch and a North Carolina State Flag that were flown aboard the 
Space Shuttle Atlantis. The Lieutenant Governor accepts the photo montage on 
behalf of the Senate. 

The President extends courtesies of the gallery to the family and friends of 
Colonel McArthur who are: Cynthia McArthur, his wife; Bill Avant, step-father; 
Amble Lovin, mother-in-law; Mr. and Mrs. Bill Lovin, brother-in-law and wife; 
Mr. and Mrs. Tim Lovin, brother-in-law; Ryan and Graham Lovin, nephews; 
Francis McNeill; and Dr. George Stephens. 

The President of the Senate presents Colonel McArthur with a certificate of 
recognition and a North Carolina State Flag. The President directs the Committee 
to escort Colonel McArthur from the Chamber, with members standing. 

INTRODUCTION 

Senator Ballance offers a motion that Rule 40 be suspended to allow the 
introduction of the following joint resolution filed earlier today, which motion 
prevails by a two-thirds majority vote. 

By Senators Ballance, Edwards, Page, and Lucas: 

S.J.R. 1492, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a joint resolution honoring the life and memory of 
Charles Melvin Creecy, former member of the General Assembly. 

On motion of Senator Ballance, the rules are suspended and the joint resolution 
is placed before the Senate for immediate consideration, upon its passage. 

The joint resolution passes its second (44-0) and third readings. Receiving a 
two-thirds affirmative majority the joint resolution is ordered, with unanimous 
consent, sent to the House of Representatives by special messenger. 

CALENDAR 

A bill carried forward as unfinished business from Tuesday, June 11, is taken up 
and disposed of, as follows: 



June 17, 1996 



1996] SENATE JOURNAL 165 

H.B. 361 (Senate Committee Substitute), a bill to amend the Section 108 Loan 
Guarantee Program laws and the laws governing industrial revenue bonds. 

With unanimous consent, on motion of Senator Sherron, the Senate Committee 
Substitute bill is taken up out of its regular order of business, and on his further 
motion the measure is placed as the last order of business on today's Calendar. 

A bill on today's Calendar is taken up and disposed of as follows: 

H.B. 540 (Senate Committee Substitute), a bill to authorize the issuance of nine 
hundred fifty million dollars general obligation bonds of the State, subject to a 
vote of the qualified voters of the State, for the construction of highways and to 
amend the Highway Trust Fund, upon third reading. 

With unanimous consent, on motion of Senator Hoyle, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

Senator Gulley offers Amendment No. 2, held not to be material, which is 
adopted (47-0). 

The Senate Committee Substitute bill, as amended, passes its third reading by 
roll-call vote, ayes 46, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Hoyle, 
Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, McKoy, Odom, Page, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Smith, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: Senator Simpson — 1. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and 
sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill without objection, by special messenger. 

NOTICE OF INTENTION TO RECALL 

S.B. 1093, a bill to repeal the defense of not guilty by reason of insanity and 
to establish the sentence of guilty but mentally ill, referred to the Judiciary 1/ 
Constitution Committee on May 4, 1995. 

Senator McDaniel rises and gives notice, pursuant to Rule 47, of his intention to 
recall the bill from the Judiciary I/Constitution Committee. 

CALENDAR 

A bill carried forward as unfinished business from Thursday, June 13, is taken 
up and disposed of, as follows: 

S.B. 1411, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of 
the constituent institutions of the University of North Carolina and the University 
of North Carolina Hospitals at Chapel Hill, upon second reading. 

With unanimous consent, on motion of Senator Sherron, the bill is taken up out 
of its regular order of business. 

The bill passes it second reading by roll-call vote, ayes 44, noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 



June 17, 1996 



166 SENATE JOURNAL [Second Session 

Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Hoyle, 
Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, McKoy, Odom, Page, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, and Winner — 44. 

Voting in the negative: Senators East and Webster — 2. 

The Chair rules the bill does not require a call of the roll and with unanimous 
consent the bill remains before the Senate for further consideration upon third 
reading. 

The bill passes its third reading and is ordered sent to the House of Representa- 
tives. 

INTRODUCTION 

Senator Jordan offers a motion that Rule 40 be suspended to allow the intro- 
duction of the following joint resolution filed earlier today, which motion prevails 
by a two-thirds majority vote. 

By Senators Jordan and Soles: 

S.J.R. 1493, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a bill to be entitled an act to appropriate funds for a 
water resources development project at Kure Beach. 

On motion of Senator Jordan, the rules are suspended to the end the joint 
resolution is placed before the Senate for immediate consideration, upon its 
passage. 

The joint resolution passes its second (44-3) and third readings. Receiving a 
two-thirds affirmative majority, the joint resolution is ordered, with unanimous 
consent, sent to the House of Representatives by special messenger. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 1100 (Committee Substitute), a bill to implement the recommendation of 
the School Capital Construction Study Commission to authorize the issuance of 
general obligation bonds of the State, subject to a vote of the qualified voters of 
the State, to provide funds for grants to counties for public school capital outlay 
projects, in order to promote equity in local school facilities across the State and 
to enable local governments to give local property tax relief, and to ensure that 
certain grants for school facility needs continue to be made in accordance with the 
1988 priority list, which Senate Committee Substitute bill proposes to change the 
title to read H.B. 1100 (Senate Committee Substitute), a bill to implement the 
recommendation of the School Capital Construction Study Commission to autho- 
rize the issuance of general obligation bonds of the State, subject to a vote of the 
qualified voters of the State, to provide funds for grants to counties for public 
school capital outlay projects, in order to promote equity in local school facilities 
across the State and to enable local governments to give local property tax relief, 
and to ensure that certain grants for school facility needs continue to be made in 
accordance with the 1988 priority list. 

Pursuant to the message from the House of Representatives received earlier 
today requesting conferees, Senator Basnight offers a motion that the Senate do 
appoint conferees, which motion prevails. 

The President Pro Tempore appoints Senators Winner, Conder, Hobbs, Plexico, 
Little, Ballantine, and Edwards, as conferees on the part of the Senate to act with 



June 17, 1996 



1996] SENATE JOURNAL 167 

a like committee from the House of Representatives to resolve the differences 
arising between the two Bodies. A message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 1108 (Senate Committee Substitute), a bill to modify the Continuation 
Budget Operations Appropriations Act of 1995, and the Expansion and Capital 
Improvements Appropriations Act of 1995, and to make other changes in the 
budget operation of the State. 

Pursuant to the message from the House of Representatives received earlier 
today requesting conferees, Senator Basnight offers a motion that the Senate do 
appoint conferees, which motion prevails. 

The President Pro Tempore appoints Senator Plyler, Chairman, Senators Perdue, 
Odom, Kerr, Sherron, Conder, Rand, Martin of Guilford, Martin of Pitt, Plexico, 
Winner, Hoyle, Warren, Ballance, Cooper, Gulley, Little, Hartsell, and Jordan, as 
conferees on the part of the Senate to act with a like committee from the House 
of Representatives to resolve the differences arising between the two Bodies. A 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

REFERENCE TO COMMITTEE 

H.B. 1258, a bill to authorize the University of North Carolina to retain the net 
proceeds from sale of the former residence of the Chancellor of Winston-Salem 
State University for application toward purchase of the successive residence for the 
Chancellor, ordered held in the office of the Principal Clerk on June 13. 

Pursuant to Rule 43, Senator Rand, Chairman of the Rules and Operation 
of the Senate Committee, announces referral of the bill to the Appropriations 
Committee. 

H.B. 1268 (Committee Substitute), a bill to expedite disposal of unclaimed 
vehicles by towing and storage businesses, ordered held in the office of the 
Principal Clerk on June 12. 

Pursuant to Rule 43, Senator Rand, Chairman of the Rules and Operation of 
the Senate Committee announces referral of the committee Substitute bill to the 
Judiciary H/Election Laws Committee. 

S.B. 126, a bill to create the Long-Term Care Subcommittee and to provide for 
the creation of other subcommittees of the North Carolina Study Commission on 
Aging and to make changes to the long-term care law, received for concurrence in 
House Amendment No. 1 and ordered held in the office of the Principal Clerk on 
June 13. 

Pursuant to Rule 56.1, with unanimous consent, on motion of Senator Rand, 
Chairman of the Rules and Operation of the Senate Committee, the bill is placed 
on the Calendar for tomorrow, Tuesday, June 18, for concurrence in House 
Amendment No. 1. 

With bills remaining on the Calendar, on motion of Senator Basnight, seconded 
by Senator Smith, the Senate adjourns at 5:51 P.M. to meet tomorrow, Tuesday, 
June 18, at 1:30 P.M. 



June 17, 1996 



168 SENATE JOURNAL [Second Session 

ONE HUNDRED THIRTY-FIRST DAY 

Senate Chamber 
Tuesday, June 18, 1996. 



The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Osco Gardine, Jr., Pastor of Elizabeth Baptist 
Church in Monroe, as follows: 

"Almighty God, to whom we pledge allegiance. 

"For the wonders of this day, and our place in it, we give You thanks. 

"To You belong all Heaven, Earth, glory, and power. Yet You delegate the 
power of temporal leadership to Your creatures. In this country, You have given 
us the freedom to establish our own government, to oversee the welfare of our 
land and the many people it supports. Today, we pray for those whom we the 
people have chosen to lead our State. 

"Thank You for the understanding that it is not easy for our elected officials to 
lead such a diverse people whose many wants cannot all be satisfied. Thank You 
for the understanding that it is not easy to discern which actions will produce the 
greatest good for the greatest number. Thank You for the understanding that it is 
not easy to withstand the huge personal temptations that come with power. Thank 
You for the understanding that it is not easy to bear the extraordinary pressures in 
our complex and conniving world. 

"However, assist now Lord our elected leaders in this session. Bless them with 
stamina, the toughness, and the integrity to fight for what is right and honorable 
in Your Sight. Grant them the ability to do justice, love mercy, and walk humbly 
before You. Equip them with sound understanding, farsighted planning, and per- 
sonal integrity. Enable them that through their wise leadership the welfare of all 
people may be assured, and peace maintained at home and throughout every city 
in our State. In the Name of Christ, our King of Kings, and Lord of Lords. 
Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator Dannelly who is attending the funeral of a family member. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, June 17, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President of the Senate extends courtesies of the floor to Dr. Charles 
Wilson of Greenville, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled 
and they are duly ratified and sent to the Office of the Secretary of State: 



June 18, 1996 



1996] SENATE JOURNAL 169 

S.B. 1246, an act to repeal a section of the Charter of the Town of Landis 
relating to ABC in conflict with general law. (Ch. 564) 

S.J.R. 1489, a joint resolution honoring the life and memory of Nancy Winbon 
Chase, former State legislator. (Res. 20) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

S.B. 1375, a bill concerning Columbus County and the municipalities in that 
County, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Jordan, the rules are suspended, and the proposed Com- 
mittee Substitute bill A783, which changes the title to read S.B. 1375 (Committee 
Substitute), a bill to modify the manner of election of the Whiteville City Board of 
Education, is placed before the Senate for immediate consideration. 

On motion of Senator Jordan, the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill remains before the 
Senate for immediate consideration upon its passage. 

The Committee Substitute bill passes its second and third readings and is 
ordered without objection, sent to the House of Representatives by special 
messenger. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

H.B. 1339 (Committee Substitute), a bill to improve water quality by establishing 
a goal to reduce the average load of nitrogen delivered to the Neuse River Estuary 
from point and nonpoint sources by a minimum of thirty percent of the average 
annual load for the period 1991 through 1995 by the year 2001 and to require the 
Environmental Management Commission to develop a plan to achieve this goal, as 
recommended by the Environmental Review Commission, with a favorable report. 

S.B. 1348, a bill to create the Well Contractors and Pump Contractors Certifica- 
tion Commission, to amend the well drillers and pump installers registration 
requirements, and to make various amendments to the Well Construction Act, as 
recommended by the Environmental Review Commission, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Albertson, the rules are suspended, and the proposed 
Committee Substitute bill 6695, which changes the title to read S.B. 1348 (Com- 
mittee Substitute), a bill to create the Well Contractors Certification Commission, 
to require that well contractors be certified, and to make various amendments to 
the Well Construction Act, as recommended by the Environmental Review Com- 
mission, is placed before the Senate for immediate consideration. 

On motion of Senator Albertson, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for tomorrow, June 19, for further consideration. 



June 18, 1996 



170 SENATE JOURNAL [Second Session 

H.B. 1077 (Committee Substitute), a bill recommended by the Joint Legislative 
Commission on Seafood and Aquaculture to allow employees on shellfish leases 
and franchises to work without possessing an individual shellfish license, with an 
unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Albertson, the rules are suspended, and the proposed 
Senate Committee Substitute bill 1386, which changes the title, upon concurrence, 
to read H.B. 1077 (Senate Committee Substitute), a bill to make various changes 
in the marine fisheries laws and to create a Scientific Advisory Council, is placed 
before the Senate for immediate consideration. 

On motion of Senator Albertson, the Senate Committee Substitute bill is 
adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 19, for further consideration. 

COMMITTEE REFERRAL RECALL 

H.B. 1187, a bill to permit the local boards of education in certain counties to 
schedule longer school days so as to offset days lost due to inclement weather, 
referred to the Referred to Local Government and Regional Affairs Committee on 
June 17. 

Pursuant to Rule 47(b), Senator Jordan offers a motion the bill be taken from 
the Local Government and Regional Affairs Committee and re-referred to the 
Education/Higher Education Committee, which motions prevail with unanimous 
consent. 

The Chair orders the bill recalled from the Local Government and Regional 
Affairs Committee and refers the measure to the Education/Higher Education 
Committee. 

H.B. 1177 (Committee Substitute), a bill to allow the merger of the Town of 
Battleboro into the City of Rocky Mount, referred to the Local Government and 
Regional Affairs Committee on June 17. 

Pursuant to Rule 47(b), Senator Jordan offers a motion the Committee Substi- 
tute bill be taken from the Local Government and Regional Affairs Committee 
and placed on today's Calendar in its regular order of business which motions 
prevail with unanimous consent. 

The Chair orders the Committee Substitute bill recalled from the Local 
Government and Regional Affairs Committee and places it on today's Calendar in 
its regular order of business, for consideration upon its passage. 

H.B. 1075 (Committee Substitute), a bill to remove the expiration date on the 
Endorsement to Sell Program set forth in Chapter 515 of the 1993 Session Laws, 
referred to the Appropriations Committee on May 29. 

Pursuant to Rule 47(b), Senator Plyler offers a motion the Committee Substitute 
bill be taken from the Appropriations Committee and placed on today's Calendar 
in its regular order of business which motions prevail with unanimous consent. 

The Chair orders the Committee Substitute bill recalled from the Appropriations 
Committee and places it on today's Calendar in its regular order of business, for 
consideration upon its passage. 



June 18, 1996 



1996] SENATE JOURNAL 171 

H.B. 233, a bill to transfer Moore County to Judicial and Prosecutorial Districts 
19B, referred to the Appropriations Committee on July 5, 1995. 

Pursuant to Rule 47(b), Senator Plyler offers a motion the bill be taken from 
the Appropriations Committee and placed on the Calendar for today, which 
motions he subsequently withdraws. 

CALENDAR 

H.B. 361 (Senate Committee Substitute), a bill to amend the Section 108 Loan 
Guarantee Program laws and the laws governing industrial revenue bonds, carried 
forward as unfinished business from June 17. 

With unanimous consent, on motion of Senator Parnell, the Senate Committee 
Substitute bill is taken up out of its regular order of business, and on his further 
motion is placed on the Calendar carried forward as unfinished business from 
June 11 following S.B. 1314, a bill to improve water quality by establishing a goal 
to reduce the average load of nitrogen delivered to the Neuse River Estuary from 
point and nonpoint sources by thirty percent of the average annual load for the 
period 1991 through 1995 by the year 2001 and to require the Environmental 
Management Commission to develop a plan to achieve this goal, as recommended 
by the Environmental Review Commission, for further consideration. 

H.B. 332 (Committee Substitute), a bill to clarify the Domiciliary and Nursing 
Home Penalty Assessment law, carried forward as unfinished business from 
Thursday, June 13. 

With unanimous consent, on motion of Senator Martin Guilford the Committee 
Substitute bill is taken up out of its regular order of business, and on his further 
motion consideration of the Committee Substitute bill is postponed until tomorrow, 
June 19. 

COMMITTEE REPORTS (Continued) 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

H.B. 207 (Committee Substitute), a bill to make it a felony offense to solicit a 
child by means of computer to commit an unlawful sex act, with a favorable report, 
as amended. 

H.B. 1125, a bill to allow one-stop ballots to be directly inserted in optical scan 
tabulators in Wake County as if the ballots were being voted at the precinct, with 
a favorable report, as amended. 

S.B. 1292, a bill to clarify the maximum period of time a juvenile may be com- 
mitted in accordance with the Structured Sentencing Act as recommended by the 
Sentencing and Policy Advisory Commission, with a favorable report, as amended. 

S.B. 1293, a bill to include prior impaired driving convictions in felony prior 
record level calculation as recommended by the North Carolina Sentencing and 
Policy Advisory Commission, with a favorable report, as amended. 

S.B. 1263, a bill to prohibit hunting from the right-of-way of public roads in 
Northampton County, with an unfavorable report as to bill, but a favorable report 
as to Committee Substitute bill. 



June 18, 1996 



172 SENATE JOURNAL [Second Session 

On motion of Senator Gulley, the rules are suspended, and the proposed Com- 
mittee Substitute bill 4707, which changes the title to read S.B. 1263 (Committee 
Substitute), a bill to prohibit hunting from the right-of-way of public roads in 
Northampton County and to restrict hunting on the land of another in Macon 
County, is placed before the Senate for immediate consideration. 

On motion of Senator Gulley, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for tomorrow, June 19, for further consideration. 

H.B. 1268 (Committee Substitute), a bill to expedite disposal of unclaimed 
vehicles by towing and storage businesses, with an unfavorable report as to Com- 
mittee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed Senate 
Committee Substitute bill 6251 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 19, for further consideration. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

H.B. 686 (Committee Substitute), a bill to make changes to the General Statutes 
pertaining to domestic violence, with a favorable report, as amended. 

S.B. 1487, a bill to provide that marriages contracted outside of this State 
between persons of the same gender are not valid, with a favorable report, as 
amended. 

Senator Forester offers a motion the rules be suspended to the end the bill is 
placed before the Senate for immediate consideration, which motion the Chair 
rules out of order. 

Senator Forrester subsequently offers a motion the rules be suspended to the 
end the bill be placed on today's Calendar in its regular order of business which 
motion prevails. The Chair orders the bill placed on today's Calendar in its 
regular order of business. 

S.B. 1014 (House Committee Substitute No. 2), a bill requiring criminal history 
record checks of unlicensed applicants for employment in nursing homes, adult 
care homes, and home care agencies, with a favorable report as to concurrence. 

S.B. 125 (House Committee Substitute No. 2), a bill to allow cancellation by 
exhibition of a note secured by a deed of trust or mortgage regardless of the date 
of endorsement, with a favorable report as to concurrence. 

H.B. 1166, a bill to modify the required disclosure statement and eliminate 
duplicative reporting requirements under the Charitable Solicitations Act and to 
modify and clarify requirements for nongovernmental entities' accountability for 
State grants, with a favorable report. 

H.B. 1163 (Committee Substitute), a bill to provide liens on real property for 
the furnishing of rental equipment, with a favorable report. 

By Senator Parnell for the Commerce Committee: 

S.B. 1183, a bill regarding the jurisdiction of the Utilities Commission with 
regard to the resale of water or sewer service in apartments, condominiums, and 



June 18, 1996 



1996] SENATE JOURNAL 173 

similar places as recommended by the Joint Legislative Utility Review Committee, 
with a favorable report. 

S.B. 1256, a bill to enact the Overhead High- Voltage Line Safety Act as recom- 
mended by the Joint Legislative Utility Review Committee, with an unfavorable 
report as to bill but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed Com- 
mittee Substitute bill 4714 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for tomorrow, June 19 for further consideration. 

By Senator Rand for the Rules and Operation of the Senate Committee: 

H.B. 1149 (Committee Substitute), a bill to change the requirements pertaining 
to licensed physician registration with the North Carolina Medical Board, with an 
unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Rand, the rules are suspended, and the proposed Senate 
Committee Substitute bill A246, which changes the title, upon concurrence, to read 
H.B. 1149 (Senate Committee Substitute), a bill to change the requirements per- 
taining to physician licensing and registration with the North Carolina Medical 
Board, is placed before the Senate for immediate consideration. 

On motion of Senator Rand, the Senate Committee Substitute bill is adopted 
and with unanimous consent, the measure is placed on the Calendar for tomorrow, 
June 19, for further consideration. 

By Senator Sherron for the Finance Committee: 

S.B. 1217 (Committee Substitute), a bill to implement recommendations of the 
Blue Ribbon Study Commission on Agricultural Waste, with an unfavorable report 
as to the Committee Substitute bill as written by the Agriculture/Environment/ 
Natural Resources Committee, but favorable as to Committee Substitute bill 
No. 2. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Committee Substitute bill No. 2, 6696, is placed before the Senate for immediate 
consideration, and on his further motion is adopted. 

Senator Sherron offers a motion the rules be suspended to to the end the 
Committee Substitute bill No. 2 be placed before the Senate for immediate 
consideration, upon its passage. 

Senator Cochrane rises to a point of order as to the motion. 

Senator Sherron subsequently amends his motion to suspend the rules to the end 
the Committee Substitute bill No. 2 be placed on today's Calendar in its regular 
order of business for further consideration upon its passage which motions prevail. 

The Chair orders the Committee Substitute bill No. 2 placed on today's 
Calendar in its regular order of business. 

H.B. 1147, a bill to update the reference to the Internal Revenue Code used in 
defining and determining certain State tax provisions, with a favorable report. 

H.B. 1345 (Committee Substitute), a bill to implement the recommendations of 
the Committee on Appropriations by establishing the percentage rates for the 



June 18, 1996 



174 SENATE JOURNAL [Second Session 

insurance regulatory charge and the public utility regulatory fee, with a favorable 
report. 

S.B. 1235, a bill to authorize clerks to allocate spouse's and children's year's 
allowance from a decedent's estate, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 1260, a bill to raise the foreclosure filing fees, with a favorable report. 

NOTICE OF INTENTION TO RECALL 

S.B. 569, a bill to extend the time limit within which a taxpayer can demand a 
tax refund from thirty days to the later of three years after the return was due or 
six months after the tax was paid, referred to the Finance Committee on April 3, 
1995. 

Senator Webster rises and gives notice, pursuant to Rule 47, of his intention to 
recall the bill from the Finance Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages received in the Senate Chamber by the Principal Clerk from 
the House of Representatives on June 17 transmitting bills carried forward as 
unfinished business are presented to the Senate, read the first time, and disposed 
of, as follows: 

H.B. 1172 (Committee Substitute), a bill to transfer the Rail Safety Section from 
the Utilities Commission to the Department of Transportation and to direct the 
Secretary of Transportation to study the need for continuation of the Rail Safety 
Inspection Program. 

Referred to Transportation Committee. 

H.B. 1184, a bill relating to the duty of commissioners of the Washington 
Housing Authority under the provisions of Article 1 of Chapter 157 of the General 
Statutes. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1270, a bill to prohibit hunting from the right-of-way of Powell Road in 
Craven County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1342, a bill to provide that the Cumberland County Board of Com- 
missioners must fill a vacancy with the person nominated by the appropriate 
political party if the nomination is made on a timely basis. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1381, a bill to amend the designation of the Haliwa-Saponi Indian Tribe. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1395, a bill to allow for initiative, referendum, and recall in the Town of 
River Bend. 
Referred to Local Government and Regional Affairs Committee. 



June 18, 1996 



1996] SENATE JOURNAL 175 

H.B. 1419, a bill to change the local alcohol beverage control board audits from 
quarterly to annual to conform to the General Statutes. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1423, a bill to amend the law relating to the Emergency and Pension Fund 
for law enforcement officers in Mecklenburg County. 
Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

A special message received in the office of the Principal Clerk from the House 
of Representatives transmitting a bill is presented to the Senate, read the first 
time, and disposed of, as follows: 

H.B. 1212, a bill to amend the Charter of the City of Greensboro with respect 
to settlement of claims. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills on the Calendar carried forward as unfinished business from Tuesday, 
June 11, are taken up and disposed of, as follows: 

S.B. 1182 (Committee Substitute), a bill to enforce economy in State printing 
costs and to promote opportunities for increased privatization of printing. 

The Committee Substitute bill passes its second (48-0) and third readings and is 
ordered sent to the House of Representatives. 

COMMITTEE REFERRAL RECALL 

S.B. 1028, a bill to require that persons convicted of certain crimes be sentenced 
to an active punishment of imprisonment, to provide that a person may be 
sentenced to an intermediate or active punishment for assault on a female, and to 
amend the law regarding prior convictions and their effect on the prior record 
level for felony sentencing, referred to the Judiciary I/Constitution Committee on 
May 4, 1995. 

Pursuant to three days public notice, Senator Page offers a motion the bill be 
recalled from the Judiciary I/Constitution Committee and placed before the 
Senate for immediate consideration upon its passage. 

Senator Cooper rises to a point of order under Rule 42.3A as to a fiscal note 
attached to the bill. 

The Chair rules Rule 42. 3A applicable to the bill and announces no fiscal note 
is attached. 

Senator Page subsequently withdraws his motion for receipt of a fiscal note. 

CALENDAR (Continued) 

S.B. 1314, a bill to improve water quality by establishing a goal to reduce the 
average load of nitrogen delivered to the Neuse River Estuary from point and 
nonpoint sources by thirty percent of the average annual load for the period 1991 
through 1995 by the year 2001 and to require the Environmental Management 
Commission to develop a plan to achieve this goal, as recommended by the 
Environmental Review Commission. 



June 18, 1996 



176 SENATE JOURNAL [Second Session 

With unanimous consent, on motion of Senator Horton, the bill is recommitted 
to the Agriculture/ Environment/Natural Resources Committee. 

WITHDRAWAL FROM CALENDAR 

H.B. 1339 (Committee Substitute), a bill to improve water quality by establishing 
a goal to reduce the average load of nitrogen delivered to the Neuse River Estuary 
from point and nonpoint sources by a minimum of thirty percent of the average 
annual load for the period 1991 through 1995 by the year 2001 and to require the 
Environmental Management Commission to develop a plan to achieve this goal, as 
recommended by the Environmental Review Commission, placed on the Calendar 
for tomorrow, June 19, earlier today. 

Senator Horton offers a motion the Committee Substitute bill be taken from the 
Calendar for June 19 and placed before the Senate for immediate consideration 
upon its passage which motions prevail with unanimous consent. 

The Senate reconsiders its previous action and the Chair orders the Committee 
Substitute bill taken from the Calendar for June 19 and places it before the Senate 
for immediate consideration upon its passage. 

Subsequently, on motion of Senator Horton, the Chair orders without objection, 
the Committee Substitute bill temporarily displaced. 

CALENDAR (Continued) 

H.B. 361 (Senate Committee Substitute), a bill to amend the Section 108 Loan 
Guarantee Program laws and the laws governing industrial revenue bonds. 

Senator Kincaid offers Amendment No. 1, which proposes to change the title, 
upon concurrence, to read H.B. 361 (Senate Committee Substitute), a bill to 
amend the Section 108 Loan Guarantee Program laws, to amend the laws govern- 
ing industrial revenue bonds, and to provide for proportionate regional allocation 
of CDBG funds. 

Senator Kincaid calls for the "ayes" and "noes" upon the adoption of Amend- 
ment No. 1. 

Senator Gulley offers a substitute Amendment, No. 2. 

On motion of Senator Kincaid, the Chair orders, without objection, the Senate 
Committee Substitute bill temporarily displaced, with Amendments No. 2 and 
No. 1 pending. 

H.B. 1339 (Committee Substitute), a bill to improve water quality by establishing 
a goal to reduce the average load of nitrogen delivered to the Neuse River Estuary 
from point and nonpoint sources by a minimum of thirty percent of the average 
annual load for the period 1991 through 1995 by the year 2001 and to require the 
Environmental Management Commission to develop a plan to achieve this goal, as 
recommended by the Environmental Review Commission, temporarily displaced 
earlier. 

The Committee Substitute bill passes its second (49-0) and third readings and is 
ordered enrolled. 

H.B. 1096, a bill to transfer responsibility for collecting the remainder of the 
gross premiums tax from the Department of Insurance to the Department of 
Revenue and to clarify related statutes, carried forward as unfinished business from 
Monday, June 17, upon second reading. 



June 18, 1996 



1996] SENATE JOURNAL 177 

With unanimous consent, on motion of Senator Perdue, the bill is taken up out 
of its regular order of business, and on her further motion is re-referred to the 
Appropriations Committee. 

S.B. 1214, a bill to make it a Class F felony offense to assault a law enforcement 
officer and inflict serious bodily injury and to create a new criminal offense of 
assaulting a firefighter as recommended by the Legislative Research Commission's 
Study Committee on Criminal Laws, Procedures, and Sentencing, carried forward 
as unfinished business from Monday, June 17, upon second reading. 

With unanimous consent, on motion of Senator Perdue, the bill is taken up out 
of its regular order of business, and on her further motion, is re-referred to the 
Appropriations Committee. 

S.B. 1291, a bill to reclassify or change the penalties for various criminal 
offenses as recommended by the North Carolina Sentencing and Policy Advisory 
Commission, carried forward as unfinished business from Monday, June 17, upon 
second reading. 

With unanimous consent, on motion of Senator Perdue, the bill is taken up out 
of its regular order of business, and on her further motion is re-referred to the 
Appropriations Committee. 

H.B. 1094, a bill to prohibit the imposition of a failure to pay penalty when 
additional tax due is paid at the time an amended return is filed or within thirty 
days after the additional tax was assessed, carried forward as unfinished business 
from Monday, June 17, upon second reading. 

With unanimous consent, on motion of Senator Perdue, the bill is taken up out 
of its regular order of business, and on her further motion is re-referred to the 
Appropriations Committee. 

H.B. 910 (Senate Committee Substitute), a bill to require the use of certain 
safety equipment by children when they are bicycle operators or passengers. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

Senator Ballantine offers Amendment No. 1 which is adopted (32-15). 

The Senate Committee Substitute bill, as amended, passes its second (35-14) 
and third (38-5) readings and is ordered engrossed and sent to the House of 
Representatives, for concurrence in the Senate Committee Substitute bill, without 
objection, by special messenger. 

With unanimous consent, Senator Basnight, President Pro Tempore, announces all 
measures ordered sent to the House of Representatives sent by special messenger for 
the remainder of the Regular Session. 

S.B. 1270, a bill to authorize the Department of Transportation to establish 
speed limits up to seventy miles per hour on designated parts of controlled access 
highways, as amended, upon third reading. 

Senator Basnight relinquishes the gavel to the President of the Senate, Lieutenant 
Governor Wicker, who presides. 

Senator Hoyle offers Amendment No. 2 which is adopted (46-2), changing the 
title to read, S.B. 1270, a bill to authorize the Department of Transportation to 



June 18, 1996 



178 SENATE JOURNAL [Second Session 

establish speed limits up to seventy miles per hour on designated parts of 
controlled access highways and to provide for suspension of the license of a person 
driving in excess of 80 miles per hour. 

Senator Gulley offers Amendment No. 3 which proposes to further change the 
title to read, S.B. 1270, a bill to authorize the Department of Transportation to 
establish speed limits up to sixty-five miles per hour on designated parts of 
controlled access highways. Amendment No. 3 fails of adoption (14-35). 

The bill, as amended, passes its third reading (34-14). 

The bill, as amended, is ordered engrossed and sent to the House of Represen- 
tatives, without objection, by special messenger. 

H.B. 361 (Senate Committee Substitute), a bill to amend the Section 108 Loan 
Guarantee Program laws and the laws governing industrial revenue bonds, with 
Amendments No. 1 and Substitute Amendment No. 2 pending, temporarily 
displaced earlier. 

With unanimous consent, Senator Gulley withdraws Amendment No. 2. 

With unanimous consent, Senator Kincaid withdraws Amendment No. 1. 

Senator Kincaid offers Amendment No. 3. Senator Parnell calls the previous 
question on the Senate Committee Substitute bill, seconded by Senator Conder. 
The call is sustained. Amendment No. 3, offered by Senator Kincaid, is adopted 
(38-11). 

The Senate Committee Substitute bill, as amended, passes its second reading 
(41-8). 

Senator Kerr objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, Wednesday, 
June 19, for further consideration upon third reading. 

ORDER FOR SPECIAL MESSAGE 

S.B. 1411, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of 
the constituent institutions of the University of North Carolina and the University 
of North Carolina Hospitals at Chapel Hill, ordered sent to the House of Repre- 
sentatives on June 17. 

With unanimous consent, on motion of Senator Sherron, the Chair orders the 
bill sent to the House of Representatives by special messenger. 

CALENDAR (Continued) 

S.B. 1217 (Committee Substitute), a bill to implement recommendations of the 
Blue Ribbon Study Commission on Agricultural Waste, placed earlier today on the 
Calendar in its regular order of business. 

Senator Albertson offers a motion the Committee Substitute bill be taken from 
its place on today's Calendar and placed before the Senate for immediate 
consideration upon its passage, which motions prevail (35-13). 

The Chair rules the Committee Substitute bill does not require a call of the roll. 

Senator Webster offers Amendment No. 1 which he subsequently withdraws. 

Senator Albertson calls the previous question, seconded by Senator Conder. 
The call is not sustained. 

Senator Kincaid offers Amendment No. 2 which fails of adoption (22-27). 



June 18, 1996 



1996] SENATE JOURNAL 179 

Senator Albertson calls the previous question, seconded by Senator Conder. 
The call is sustained. 

The Committee Substitute bill passes its second reading (40-9). 

Senator Kincaid objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the Committee Substitute bill placed on the Calendar 
for tomorrow, Wednesday, June 19, for further consideration upon third reading. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Albertson. 

S.B. 1189 (Committee Substitute), a bill to allow Hyde, Jones, Martin, New 
Hanover, Pitt, Surry, and Wilson Counties to acquire property for use by their 
County Boards of Education, carried forward as unfinished business from June 12, 
upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 
44, noes 5, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, 
Jordan, Kerr, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, and Warren — 44. 

Voting in the negative: Senators East, Kincaid, Perdue, Webster, and 
Winner — 5. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Wednesday, June 19, for further consideration upon third reading. 

S.B. 1313 (Committee Substitute), a bill to incorporate the Town of Castle 
Hayne, subject to a referendum, carried forward as unfinished business from 
June 13, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 
47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Sherron, 
Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 47. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Wednesday, June 19, for further consideration upon third reading. 

S.B. 1319, a bill to allow the City of Reidsville to delay the effective date of 
annexations as to a specified tract and to exempt the annexation of Two City Lakes 
from the ceiling on satellite annexations, carried forward as unfinished business 
from June 13, upon second reading. 

On motion of Senator Foxx, consideration of the bill is postponed until 
tomorrow, Wednesday, June 19. 

S.B. 1330, a bill to incorporate the Town of Sedalia, carried forward as 
unfinished business from June 13, upon second reading. 



June 18, 1996 



180 SENATE JOURNAL [Second Session 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Wednesday, June 19, 
for further consideration upon third reading. 

S.B. 1365, a bill concerning modification of the municipal limits between the 
City of Raleigh and the Town of Garner, carried forward as unfinished business 
from June 13, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, Davis, East, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Wednesday, June 19, 
for further consideration upon third reading. 

S.B. 1389, a bill to deannex and detach a small area of land from the corporate 
limits of the City of Albemarle, North Carolina, carried forward as unfinished 
business from June 13, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, Davis, East, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow Wednesday, June 19, 
for further consideration upon third reading. 

S.B. 1392, a bill to annex a described area to the Town of Aberdeen, carried 
forward as unfinished business from June 13, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, Davis, East, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow Wednesday, June 19, 
for further consideration upon third reading. 



June 18, 1996 



1996] SENATE JOURNAL 181 

S.B. 1397, a bill to incorporate the Village of Sloop Point in Pender County, 
carried forward as unfinished business from June 13, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballantine, Basnight, Blackmon, 
Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, Davis, East, Edwards, 
Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, 
Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, 
Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow Wednesday, June 19, 
for further consideration upon third reading. 

WITHDRAWAL FROM CALENDAR 

H.B. 361 (Senate Committee Substitute), a bill to amend the Section 108 Loan 
Guarantee Program laws and the laws governing industrial revenue bonds, as 
amended, placed earlier today on the Calendar for Wednesday, June 19, upon third 
reading. 

Senator Parnell offers a motion the Senate Committee Substitute bill, as 
amended, be taken from the Calendar for Wednesday, June 19, and placed before 
the Senate for further consideration upon its third reading which motions prevail 
with unanimous consent. 

The Senate reconsiders its previous action and the Chair orders the Senate 
Committee Substitute bill, as amended, taken from the Calendar for Wednesday, 
June 19 and places it before the Senate for further consideration upon third 
reading. 

The Chair declares the voting equipment inoperative. 

The Senate Committee Substitute bill, as amended, passes its third reading and 
is ordered engrossed and sent to the House of Representatives, for concurrence in 
Senate Committee Substitute bill without objection, by special messenger. 

CALENDAR (Continued) 

S.B. 294 (House Committee Substitute No. 2), a bill to limit the issuance and 
renewal of barber certificates, permits, and licenses, to establish late fees for 
expired certificates, to make certain revisions to the law governing the Board of 
Barber Examiners and the sanitary rules, and to make conforming changes to the 
Cosmetic Art Act, for concurrence in the House Committee Substitute bill No. 2, 
upon second reading. 

The Chair rules the measure does not require a call of the roll. 

Senator Plyler offers a motion further consideration of the measure upon con- 
currence be postponed until tomorrow, Wednesday, June 19, which motion prevails 
(24-23). 

The Chair orders the measure placed on the calendar for tomorrow, Wednesday, 
June 19, for concurrence, in the House Committee Substitute bill No. 2. 

S.B. 1487, a bill to provide that marriages contracted outside of this State 
between persons of the same gender are not valid, placed on today's Calendar in 
its regular order earlier today. 



June 18, 1996 



182 SENATE JOURNAL [Second Session 

With unanimous consent, on motion of Senator Forrester, the bill is taken up 
out of its regular order of business. 

On motion of Senator Cooper, Committee Amendment No. 1 is adopted, chang- 
ing the title to read S.B. 1487 a bill to provide that marriages recognized outside 
of this State between persons of the same gender are not valid. 

Senator Forrester, seconded by Senator Cochrane, calls the previous question. 
The call is sustained. 

The bill, as amended, passes its second (42-5) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger 
without engrossment of Amendment No. 1. 

With unanimous consent, Senator Forrester is granted a leave of absence for the 
remainder of today's session. 

RECONSIDERATION 

S.B. 1319, a bill to allow the City of Reidsville to delay the effective date of 
annexations as to a specified tract and to exempt the annexation of Two City Lakes 
from the ceiling on satellite annexations, placed earlier today on the Calendar for 
Wednesday, June 19, upon second reading. 

Senator Foxx offers a motion the vote by which the bill was placed on the 
Calendar for Wednesday, June 19 be reconsidered, which motion prevails and the 
question becomes the motion to Calendar the bill for Wednesday, June 19. 

With unanimous consent, Senator Foxx withdraws her motion. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Davis, 
Edwards, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, Kincaid, 
Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McKoy, Odom, Page, 
Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Warren, Webster, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow Wednesday, June 19, 
for further consideration upon third reading. 

CALENDAR (Continued) 

H.B. 1401, a bill amending the Charter of the City of Fayetteville regarding 
zoning hearings, on today's Calendar. 

With unanimous consent, on motion of Senator Edwards, the bill is taken up out 
of its regular order of business and on his further motion, consideration of the bill 
is postponed until Thursday, June 20. 

S.J.R. 1099, a joint resolution honoring the life and memory of Nancy Winbon 
Chase, former State Legislator, carried forward as unfinished business from 
Monday, June 17. 

With unanimous consent, on motion of Senator Kerr, the joint resolution is 
taken up out of its regular order of business and on his further motion, is 
recommitted to the Rules and Operation of the Senate Committee. 

Bills carried forward as unfinished business from Wednesday, June 12, are taken 
up and disposed of, as follows: 



June 18, 1996 



1996] SENATE JOURNAL 183 

S.B. 1400, a bill to provide for a referendum in Brunswick County on the 
questions of changing the terms of office of the Brunswick County Board of Com- 
missioners and the Brunswick County Board of Education from two years to four 
years. 

The bill passes its second and third readings and is ordered, without objection, 
sent to the House of Representatives by special messenger. 

H.B. 1347, a bill to allow the Cumberland County Board of Education to permit 
the use of public school buses to serve the transportation needs of the National 
Forensics League Tournament, on today's Calendar. 

With unanimous consent, on motion of Senator Rand, the bill is taken up out of 
its regular order of business and on his further motion, is recommitted to the 
Local Government and Regional Affairs Committee. 

H.B. 1112, a bill to authorize the Town of Maxton to convey certain property at 
private sale to the Historic Preservation Foundation of North Carolina, Inc., a 
nonprofit corporation, carried forward as unfinished business from Thursday, 
June 13. 

With unanimous consent on motion of Senator Parnell, the bill is taken up out 
of its regular order of business, and on his further motion, consideration of the bill 
is postponed until Wednesday, June 19. 

S.B. 1122, a bill to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding. 

The bill passes its second (40-2) and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

Bills carried forward as unfinished business from Thursday, June 13, are taken 
up out of the regular order of business and disposed of as follows: 

H.B. 1081, a bill to modify the membership, qualifications for appointment, and 
terms of the trustees for Albemarle Hospital in Pasquotank County. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1133, a bill to permit one-stop voting on direct record voting equipment in 
Pasquotank County. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1185 (Committee Substitute), a bill to provide staggered terms for members 
of the Board of Commissioners of the Town of Lumber Bridge and provide a 
four-year term for the Mayor. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1256, a bill to provide staggered terms for the governing board of the Town 
of Spruce Pine, and concerning the voting power of the Mayor. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to 
the House of Representatives, for concurrence in Senate Amendment No. 1, 
without objection, by special messenger. 



June 18, 1996 



184 SENATE JOURNAL [Second Session 

H.B. 1136 (Committee Substitute), a bill to allow Craven County and the Cities 
of New Bern and Havelock to donate unclaimed bicycles to charity, on today's 
Calendar. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1298 (Committee Substitute), a bill regarding requirements for sprinkler 
systems in fraternity and sorority houses in the Towns of Chapel Hill and Carrboro 
and their extraterritorial planning jurisdictions, on today's Calendar. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

S.J.R. 1490, a joint resolution honoring John Carteret, Earl of Granville, for 
whom Granville County was named upon the occasion of the Two Hundred 
Fiftieth Anniversary of Granville County, carried forward as unfinished business 
from Monday, June 17. 

With unanimous consent, on motion of Senator Gulley, the joint resolution is 
taken up out of its regular order of business. 

The joint resolution passes its second and third readings and is ordered with out 
objection, sent to the House of Representatives by special messenger. 

H.B. 1130, a bill to authorize the Counties of Camden, Chowan, Currituck, 
Pasquotank, Perquimans, Tyrrell, and Washington to take a lien on real property 
for delinquent fees for certain inspections, on today's Calendar, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Davis, 
East, Edwards, Foxx, Gulley, Hartsell, Horton, Hoyle, Jordan, Kerr, Ledbetter, 
Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, Odom, Page, 
Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, Smith, Soles, Speed, and 
Winner— 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Wednesday, June 19, 
for further consideration upon third reading. 

H.B. 1177 (Committee Substitute), a bill to allow the merger of the Town of 
Battleboro into the City of Rocky Mount, placed on the Calendar earlier today, 
upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, 
ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Davis, 
East, Edwards, Foxx, Gulley, Hartsell, Horton, Hoyle, Jordan, Kerr, Ledbetter, 
Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, Odom, Page, 
Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, Smith, Soles, Speed, and 
Winner— 42. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Wednesday, June 19, for further consideration upon third reading. 



June 18, 1996 



1996] SENATE JOURNAL 185 

H.B. 1075 (Committee Substitute), a bill to remove the expiration date on the 
Endorsement to Sell Program set forth in Chapter 515 of the 1993 Session Laws, 
placed on the Calendar earlier today. 

With unanimous consent, on motion of Senator Perdue, the Committee Substi- 
tute bill is taken up out of its regular order of business. 

The Committee Substitute bill passes its second reading (42-1). 

Senator McDaniel objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
Wednesday, June 19, for further consideration upon third reading. 

S.B. 1173 (Committee Substitute), a bill to permit the local Boards of Education 
in Alleghany and Stokes Counties to schedule longer school days so as to offset 
days lost due to inclement weather, on today's Calendar, for concurrence in House 
Amendment No. 1. 

With unanimous consent, on motion of Senator Winner, the Committee Substi- 
tute bill is taken up out of its regular order of business. 

The Senate fails to concur in House Amendment No. 1 (3-39). 

On motion of Senator Basnight, the Senate recesses at 6:54 P.M. for the purpose 
of an Appropriations Committee meeting to reconvene at 7:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 1173 (Committee Substitute), a bill to permit the local Boards of Education 
in Alleghany and Stokes Counties to schedule longer school days so as to offset 
days lost due to inclement weather, with the Senate failing to concur in House 
Amendment No. 1 earlier today. 

Senator Winner offers a motion the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore appoints Senator Winner, Chairman, and Senator 
Plexico, and Senator Foxx as conferees on the part of the Senate to resolve the 
differences arising between the two Bodies, and a message is ordered sent to the 
House of Representatives informing that Honorable Body of such action and 
requesting conferees. 

CALENDAR {Continued) 
Bills carried forward as unfinished business from Wednesday, June 12, continued: 

S.B. 1126, a bill to allow the appointment in certain circumstances of precinct 
officials and ballot counters for a precinct who are not registered to vote in that 
precinct. 

On motion of Senator Gulley, Committee Amendments No. 1 and No. 2 are 
adopted. 

On motion of Senator Gulley, Committee Amendment No. 3 is adopted, 
changing the title to read S.B. 1126 a bill to allow the appointment in certain 



June 18, 1996 



186 SENATE JOURNAL [Second Session 

circumstances of precinct officials, observers, and ballot counters for a precinct 
who are not registered to vote in that precinct. 

Senator Page offers Amendment No. 4 which is adopted (44-0). 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
a bill is read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Plyler for the Appropriations Committee: 

H.B. 233, a bill to transfer Moore County to Judicial and Prosecutorial Districts 
19B, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Plyler, the rules are suspended, and the proposed Senate 
Committee Substitute bill 1387 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for Wednesday, June 19, for further consideration. 

CALENDAR (Continued) 

S.B. 1241, a bill recommended by the Child Fatality Task Force to improve the 
definition of "dependent juvenile." 

The bill passes its second (41-0) and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

S.B. 1308, a bill to authorize administrative search warrants to be served at 
hours other than between 8:00 A.M. and 8:00 P.M. when there is probable cause 
to believe that the activity that justifies the administrative search warrant will occur 
at other hours, as recommended by the Environmental Review Commission. 

On motion of Senator Cooper, Committee Amendment No. 1 is adopted. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Carpenter. 

The bill, as amended, passes its second (40-1) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

With bills remaining on the Calendar, on motion of Senator Basnight, seconded 
by Senator Hartsell, the Senate adjourns at 7:27 P.M. to meet tomorrow, 
Wednesday, June 19, at 1:00 P.M. 



June 18, 1996 



1996] SENATE JOURNAL 187 

ONE HUNDRED THIRTY-SECOND DAY 

Senate Chamber 
Wednesday, June 19, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Rick Clayton, Pastor of Louisburg United 
Methodist Church in Louisburg, as follows: 

"For the beauty of the earth and all Your glorious works, we give You thanks, 
Our Loving God. We cherish the bonds of friendship and the privilege to serve 
one another in life. Thank You for the honor bestowed upon us to be caretakers 
of all creation. 

"We especially gather this afternoon to ask Your Rich Blessings upon the North 
Carolina Senate. Direct them by Your Wisdom and support them by Your Power 
that they may pursue all their rightful duties to a good end. Keep their vision ever 
clear that they may seek justice for all human beings. Keep them ever faithful to 
the ideals of the government established in this land, that they may serve this State 
with dedication and loyalty. 

"Help each of us, Gracious God, to be humble in a world that seeks power. 
Help us to be sensitive in a world that can be so insensitive. Help us to serve with 
compassion to fulfill the life we are called to live. 

"Strengthen us all to live with faith and righteousness, charity and peace, indus- 
try and purpose, that we may spend worthily our days, and at the last, obtain Your 
Mercy and enter into Your Promised Joy. We offer this prayer in a posture of 
faith and in an attitude of gratitude. In the Name of Jesus Christ. Amen." 

With unanimous consent, the President grants leave of absence for today to 
Senator Little who is attending a funeral. 

Senator Soles, Deputy President Pro Tempore, announces the Journal of 
yesterday, Tuesday, June 18, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. D.E. Ward of 
Lumberton, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 1245, an act concerning the definition of subdivision for the Town of Rose 
Hill. (Ch. 565) 

S.B. 1267, an act to add New Hanover County to those counties in which a 
tenant's refusal to perform a contract for the rental of land is grounds for dispos- 
session. (Ch. 566) 



June 19, 1996 



188 SENATE JOURNAL [Second Session 

H.B. 1081, an act to modify the membership, qualifications for appointment, and 
terms of the trustees for Albemarle Hospital in Pasquotank County. (Ch. 567) 

H.B. 1133, an act to permit one-stop voting on direct record voting equipment 
in Pasquotank County. (Ch. 568) 

H.B. 1136 (Committee Substitute), an act to allow Craven County and the Cities 
of New Bern and Havelock to donate unclaimed bicycles to charity. (Ch. 569) 

H.B. 1185 (Committee Substitute), an act to provide staggered terms for 
members of the Board of Commissioners of the Town of Lumber Bridge and 
provide a four-year term for the Mayor. (Ch. 570) 

H.B. 1298 (Committee Substitute), an act regarding requirements for sprinkler 
systems in fraternity and sorority houses in the Towns of Chapel Hill and Carrboro 
and their extraterritorial planning jurisdictions. (Ch. 571) 

H.B. 1339 (Committee Substitute), an act to improve water quality by establish- 
ing a goal to reduce the average load of nitrogen delivered to the Neuse River 
Estuary from point and nonpoint sources by a minimum of thirty percent of the 
average annual load for the period 1991 through 1995 by the year 2001 and to 
require the Environmental Management Commission to develop a plan to achieve 
this goal, as recommended by the Environmental Review Commission. (Ch. 572) 

S.B. 1181, an act to allow utility poles carried on side-loaders to extend more 
than three feet beyond the front bumper of the vehicle. (Ch. 573) 

The Chair extends courtesies of the gallery to Darryl R. White, former Secretary of 
the Senate of the State of California. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills for concurrence are presented to the Senate, and 
disposed of, as follows: 

S.B. 821, a bill to amend the definition of preneed funeral funds, for con- 
currence in the House Committee Substitute bill, which changes the title, upon 
concurrence, to read S.B. 821 (House Committee Substitute), a bill to clarify the 
law relating to the preneed sales of funeral merchandise, which is placed on the 
Calendar for tomorrow, June 20. 

S.B. 1275 (Committee Substitute), a bill to provide incentives for high quality 
jobs and business expansion in North Carolina, for concurrence in the House 
Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 1275 (House Committee Substitute), a bill to provide tax relief and to pro- 
mote economic development. 

Recommitted to Finance Committee. 

Special messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, 
and disposed of, as follows: 



June 19, 1996 



1996] SENATE JOURNAL 189 

H.B. 986 (Committee Substitute), a bill to reduce the white goods disposal tax 
rate by approximately thirty-three percent and to provide that white goods tax 
revenue that is not needed for the management of discarded white goods may be 
used to clean up illegal dump sites. 

Referred to Finance Committee. 

H.B. 1210, a bill clarifying the distribution of profits from the operation of the 
Dare County Alcoholic Beverage Control Board. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1287 (Committee Substitute), a bill to include prior impaired driving 
convictions in felony prior record level calculation, to provide for an indefinite civil 
suspension of a drivers license when a driver is charged with an impaired driving 
offense while another impaired driving offense is pending disposition, and to allow 
for modification of sentence for impaired driving on remand to district court or 
withdrawal of appeal. 

Referred to Judiciary II/Election Laws Committee. 

H.B. 1294, a bill recommended by the Child Fatality Task Force to require all 
State agencies that deal with child health and welfare to report data collection to 
the Child Fatality Task Force. 

Referred to Children and Human Resources Committee. 

H.B. 1296 (Committee Substitute), a bill to repeal the thirty-day tax protest rule 
and allow a taxpayer to request a refund of certain illegal taxes anytime within 
three years after the tax was due or six months after paying the tax, whichever is 
later. 

Referred to Finance Committee. 

H.B. 1328, a bill to abolish the Sanford Golf Commission. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1357 (Committee Substitute), a bill to exempt the annexation of the 
Edenton Airport from the ceiling on satellite annexations by the Town of Edenton. 
Referred to Local Government and Regional Affairs Committee. 

REPORT TO GENERAL ASSEMBLY 

Agencies directed to report to the General Assembly submit a report (See 
Addendum) which is ordered placed on file in the Legislative Library, as follows: 

The Office of the State Controller along with the Office of the State Budget and 
Management and the North Carolina Department of Revenue, submit the State of 
North Carolina Summary of Financial Condition, May 31, 1996. 

PAGES 

The President recognizes the following pages serving in Senate this week: 

Paul Stephen Atkins, Lincolnton; Korie Beth Baldwin, Elizabeth City; Adrienne 
Renee Barber, Hillsborough; Shelby Anne Barber, Washington; Amanda Lea 



June 19, 1996 



190 SENATE JOURNAL [Second Session 

Bennett, Eden; Meredith Brooke Berry, Elizabeth City; Lindsay Bost, Charlotte; 
Phillip Cowan, Fayetteville; Christopher Michael Craven, Greensboro; Josh Davis, 
New Bern; Christopher Alan Dellinger, Cherryville; John Wyatt Dickson, Jr., 
Fayetteville; James Christopher Edge, Bolton; Kathleen Ann Gallina, Fayetteville; 
Elizabeth Atkinson Gray, Kill Devil Hills; Edward Whitaker Grannis III, 
Fayetteville; John William Hall, Greensboro; Jocelyn Renee Hannah, Eden; Julia 
Lane Innes, Gastonia; Anna Kluttz, Cherryville; Susannah Jane Lawrence, 
Raleigh; Katie Tayloe Litchfield, Washington; Nathan C. McGhee, Raleigh; Sarah 
Neal, Kitty Hawk; Carrie McCready O'Brien, Raleigh; Amy Elizabeth Pearson, 
Nashville; Jennifer Paige Pridgen, Rocky Mount; Laura Auman Roose, Troy; 
Robert Andrew Schwentker, Raleigh; and Jennifer Stacey Wooten, Fuquay- 
Varina. 

COURTESIES 

With unanimous consent, on motion of Senator Rand, privileges of the floor 
are extended to the North Carolina Principal of the Year, Mrs. Mary McDuffie, 
Principal of 71st High School in Fayetteville. The President recognizes Senator 
Basnight, President Pro Tempore, who appoints Senator Rand of Cumberland, 
Senator Soles of Columbus, Senator Edwards of Cumberland, Senator Plyler of 
Union, Senator Conder of Richmond, and Senator Simpson of Burke to escort, the 
guest to the Well of the Senate. Mrs. McDuffie is received by the Senate standing. 

Senator Rand presents Mrs. Mary McDuffie, North Carolina Principal of the 
Year, to the President of the Senate who recognizes her to address the Senate. 
Mrs. McDuffie offers brief remarks to the Senate. The Senate responds with an 
ovation. 

The President of the Senate congratulates Mrs. McDuffie and presents her with 
a North Carolina State Flag. The President directs the Committee to escort the 
guest from the Chamber. 

CALENDAR 

Pursuant to the motion of Senator Basnight, prevailing on Tuesday, June 18, all 
measures ordered sent to the House of Representatives through adjournment of the 
Second Regular Session are sent by special messenger. 

Bills on today's Calendar are taken up out of the regular order of business and 
disposed of, as follows: 

S.B. 1189 (Committee Substitute), a bill to allow Hyde, Jones, Martin, New 
Hanover, Pitt, Surry, and Wilson Counties to acquire property for use by their 
County Boards of Education, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 41, 
noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Davis, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, 
Odom, Page, Parnell, Plexico, Plyler, Rand, Shaw, Sherron, Simpson, Soles, 
Speed, and Warren — 41. 



June 19, 1996 



1996] SENATE JOURNAL 191 

Voting in the negative: Senators East and Winner — 2. 

The Committee Substitute bill is ordered sent to the House of Representatives 
by special messenger. 

S.B. 1319, a bill to allow the City of Reidsville to delay the effective date of 
annexations as to a specified tract and to exempt the annexation of Two City Lakes 
from the ceiling on satellite annexations, upon third reading. 

Senator Foxx offers Amendment No. 1 which proposes to change the title to 
read S.B. 1319, a bill to be entitled an act to allow the city of Reidsville to delay 
the effective date of annexations as to a specified tract, to exempt the annexation 
of Two City Lakes from ceiling on satellite annexations and to revive the Charter 
of the Town of Wentworth, subject, to a referendum. 

The Chair rules Amendment No. 1 not germane to the bill and displaces the 
Amendment. 

The bill passes its third reading by roll-call vote, ayes 45, noes, 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kincaid, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives by special messenger. 

S.B. 1313 (Committee Substitute), a bill to incorporate the Town of Castle 
Hayne, subject to a referendum, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 44, 
noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Soles, Speed, Webster, and Winner — 44. 

Voting in the negative: Senator East — 1. 

The Committee Substitute bill is ordered sent to the House of Representatives 
by special messenger. 

S.B. 1330, a bill to incorporate the Town of Sedalia, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Soles, Speed, Webster, and Winner — 44. 

Voting in the negative: Senator East — 1. 

The bill is ordered sent to the House of Representatives by special messenger. 

S.B. 1365, a bill concerning modification of the municipal limits between the 
City of Raleigh and the Town of Garner, upon third reading. 



June 19, 1996 



192 SENATE JOURNAL [Second Session 

The bill passes its third reading by roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Soles, Speed, Webster, and Winner — 44. 

Voting in the negative: Senator East — 1. 

The bill is ordered sent to the House of Representatives by special messenger. 

S.B. 1389, a bill to deannex and detach a small area of land from the corporate 
limits of the City of Albemarle, North Carolina, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Soles, Speed, Webster, and Winner — 44. 

Voting in the negative: Senator East — 1. 

The bill is ordered sent to the House of Representatives by special messenger. 

S.B. 1392, a bill to annex a described area to the Town of Aberdeen, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Soles, Speed, Webster, and Winner — 44. 

Voting in the negative: Senator East — 1. 

The bill is ordered sent to the House of Representatives by special messenger. 

S.B. 1397, a bill to incorporate the Village of Sloop Point in Pender County, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Soles, Speed, Webster, and Winner — 44. 

Voting in the negative: Senator East — 1. 

The bill is ordered sent to the House of Representatives by special messenger. 

H.B. 1130, a bill to authorize the Counties of Camden, Chowan, Currituck, 
Pasquotank, Perquimans, Tyrrell, and Washington to take a lien on real property 
for delinquent fees for certain inspections, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 1, as follows: 



June 19, 1996 



1996] SENATE JOURNAL 193 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Soles, Speed, Webster, and Winner — 44. 

Voting in the negative: Senator East — 1. 

The bill is ordered enrolled. 

H.B. 1177 (Committee Substitute), a bill to allow the merger of the Town of 
Battleboro into the City of Rocky Mount, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 44, 
noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Lucas, Martin of Pitt, Martin of Guilford, 
McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, 
Sherron, Simpson, Soles, Speed, Webster, and Winner — 44. 

Voting in the negative: Senator East — 1. 

The Committee Substitute bill is ordered enrolled. 

S.B. 1263 (Committee Substitute), a bill to prohibit hunting from the right-of- 
way of public roads in Northampton County and to restrict hunting on the land of 
another in Macon County. 

The Committee Substitute bill passes its second and third readings. 

Senator Rand requests to be recorded voting "aye." 

The Committee Substitute bill is ordered sent to the House of Representatives 
by special messenger. 

H.B. 1112, a bill to authorize the Town of Maxton to convey certain property at 
private sale to the Historic Preservation Foundation of North Carolina, Inc., a 
nonprofit corporation. 

The bill passes its second and third readings. 

Senator Rand requests to be recorded voting "aye." 

The bill is ordered enrolled. 

H.B. 1125, a bill to allow one-stop ballots to be directly inserted in optical scan 
tabulators in Wake County as if the ballots were being voted at the precinct. 

On motion of Senator Lucas, Committee Amendment No. 1 is adopted, chang- 
ing the title, upon concurrence, to read H.B. 1125, a bill to allow one-stop ballots 
to be directly inserted in optical scan tabulators in Wake and Durham Counties as 
if the ballots were being voted at the precinct. 

The bill, as amended, passes its second reading. 

Senator Rand requests to be recorded voting "aye." 

Senator Sherron objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the calendar for tomorrow, Thursday, 
June 20, for further consideration upon third reading. 

S.B. 1293, a bill to include prior impaired driving convictions in felony prior 
record level calculation as recommended by the North Carolina Sentencing and 



June 19, 1996 



194 SENATE JOURNAL [Second Session 

Policy Advisory Commission. 

On motion of Senator Odom, the bill is taken up out of its regular order of 
business, and on his further motion is re-referred to the Appropriations 
Committee (24-22). 

H.B. 1166, a bill to modify the required disclosure statement and eliminate 
duplicative reporting requirements under the Charitable Solicitations Act and to 
modify and clarify requirements for nongovernmental entities' accountability for 
State grants. 

On motion of Senator Odom, the bill is taken up out of its regular order of 
business and on his further motion is re-referred to the Appropriations 
Committee (26-21). 

H.B. 1147, a bill to update the reference to the Internal Revenue Code used in 
defining and determining certain State tax provisions, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Lucas, Martin of Pitt, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Warren, Webster, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Thursday, June 20, for 
further consideration, upon third reading. 

H.B. 1345 (Committee Substitute), a bill to implement the recommendations 
of the Committee on Appropriations by establishing the percentage rates for the 
insurance regulatory charge and the public utility regulatory fee, upon second 
reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Basnight, Blackmon, 
Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Kincaid, Ledbetter, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Parnell, Perdue, Plexico, Plyler, Rand, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: Senators Ballantine and Page — 2. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Thursday, June 20, for further consideration upon third reading. 

S.B. 1183, a bill regarding the jurisdiction of the Utilities Commission with 
regard to the resale of water or sewer service in apartments, condominiums, and 
similar places as recommended by the Joint Legislative Utility Review Committee. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

The bill passes its second (44-2) and third (43-2) readings and is ordered sent 
to the House of Representatives by special messenger. 



June 19, 1996 



1996] SENATE JOURNAL 195 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Soles for the Pensions and Retirement/Insurance/State Personnel 
Committee: 

H.B. 1201 (Committee Substitute), a bill to provide that insurers are not 
required to obtain written consent to rate on each policy renewal as recommended 
by the Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues, with a favorable report. 

H.B. 1202 (Committee Substitute), a bill to conform the law governing small 
employer health benefit plans to 1995 legislation as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues and to clarify the applicability of certain medical underwriting provi- 
sions, with a favorable report. 

S.B. 1344, a bill to amend the laws governing Employee Insurance Committees, 
with a favorable report. 

H.B. 1199 (Committee Substitute), a bill to revise the definition of nonfleet 
motor vehicle to allow flexibility for the number of automobiles that may be 
written under a personal automobile insurance policy as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues, with a favorable report, as amended. 

H.B. 1086 (Committee Substitute), a bill to make technical corrections in the 
1995 workers' compensation insurance loss costs rating laws, with an unfavorable 
report as to Committee Substitute bill but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the proposed Senate 
Committee Substitute bill 1389 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 20, for further consideration. 

CALENDAR (Continued) 

S.B. 1256 (Committee Substitute), a bill to enact the Overhead High-Voltage 
Line Safety Act as recommended by the Joint Legislative Utility Review Com- 
mittee. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to the President of 
the Senate, Lieutenant Governor Wicker, who presides. 

On motion of Senator Rand, the Chair orders, without objection, the Committee 
Substitute bill temporarily displaced. 

WITHDRAWAL FROM CLERK'S OFFICE 

H.B. 1233 (Committee Substitute No. 2), a bill to enact the Overhead High- 
Voltage Line Safety Act as recommended by the Joint Legislative Utility Review 



June 19, 1996 



196 SENATE JOURNAL [Second Session 

Committee, ordered held in the office of the Principal Clerk on June 17, pending 
referral to committee. 

Senator Rand offers a motion the rules be suspended to the end the Committee 
Substitute bill No. 2 be taken from the office of the Principal Clerk and placed 
before the Senate for immediate consideration upon its passage, which motions 
prevail with unanimous consent. 

The Chair orders the Committee Substitute bill No. 2 recalled from the office of 
the Principal Clerk and places it before the Senate for immediate consideration 
upon its passage. 

The Committee Substitute bill No. 2 passes its second reading (44-3). 

Senator Shaw objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the Committee Substitute bill No. 2 placed on the Calendar for 
tomorrow, Thursday, June 20, for further consideration upon third reading. 

EXECUTIVE ORDERS 

An Executive Order received (see Appendix) is presented to the Senate, read, 
and referred to committee, as follows: 

Executive Order No. 96, 

Task Force on Racial or Religious Violence and Intimidation. 
Referred to Rules and Operation of the Senate Committee. 

CALENDAR {Continued) 

S.B. 1217 (Committee Substitute No. 2), a bill to implement recommendations 
of the Blue Ribbon Study Commission on Agricultural Waste, on today's Calendar, 
upon third reading. 

With unanimous consent, on motion of Senator Rand, the Committee Substitute 
bill No. 2 is placed before the Senate for immediate consideration. 

Senator McDaniel offers Amendment No. 3, with a fiscal note, which fails of 
adoption (22-27). 

Senator Martin of Pitt offers Amendment No. 4 which is adopted (41-7). 

Senator Ballantine offers Amendment No. 5. 

Senator Kerr rises to a point of order under Article II, Section 24(l)(a) of the 
Constitution of North Carolina as to the constitutionality of Amendment No. 5 
offered by Senator Ballantine. The Chair declines to entertain an inquiry on the 
interpretation of the Constitution. 

Following lengthy debate, Amendment No. 5, offered by Senate Ballantine, fails 
of adoption (23-26). 

Senator Page offers Amendment No. 6 which fails of adoption (22-26). 

Senator Albertson calls the previous question, seconded by Senator Rand. The 
call is sustained. 

The Committee Substitute bill No. 2, as amended, passes its third reading 
(43-5). 

The Committee Substitute bill No. 2, as amended, is ordered engrossed and sent 
to the House of Representatives by special messenger. 

The Chair returns to the regular order of business and bills on the Calendar 
carried forward as unfinished business from Thursday, June 13, are taken up and 
disposed of as follows: 



June 19, 1996 



1996] SENATE JOURNAL 197 

S.B. 1146, a bill to repeal the law prohibiting licensed reinsures from assuming 
reinsurance from nonadmitted insurers as recommended by the Legislative 
Research Commission's Committee on Insurance and Insurance-Related Issues. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted, changing 
the title to read S.B. 1146, a bill to repeal the law prohibiting licensed reinsurers 
from assuming reinsurance from nonadmitted insurers as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues and to make clarifying amendments in the 1995 Assumption 
Reinsurance Law. 

The bill, as amended, passes its second (40-0) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

S.B. 1148, a bill to provide additional coverage under the North Carolina Beach 
Plan as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues. 

The bill passes its second (41-0) and third readings and is ordered sent to the 
House of Representatives by special messenger. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

S.B. 1188 (Committee Substitute), a bill to establish the offenses of trespass on 
pine straw production land and larceny of pine straw. 

Senator Foxx offers Amendment No. 1 which proposes to change the title to 
read S.B. 1188 (Committee Substitute), a bill to establish the offenses of trespass 
on pine straw production land and larceny of pine straw and to increase the pun- 
ishment for making a bomb threat. 

Senator Rand rises to a point of order under Rule 57.1 as to germaneness of 
Amendment No. 1 offered by Senator Foxx. The Chair rules Amendment No. 1 
not germane to the original subject matter of the Committee Substitute bill and 
displaces the Amendment. 

Senator McDaniel rises to a point of order under Rule 42.1(a) as to the attach- 
ment of a fiscal note to the Committee Substitute bill. The Chair announces no 
fiscal note attached and orders the Committee Substitute bill placed on the 
Calendar for tomorrow, June 20, pending receipt of a fiscal note. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

H.B. 9 (Committee Substitute), a bill to expedite the postconviction process in 
North Carolina, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed Senate 
Committee Substitute bill 1392 is placed before the Senate for immediate consider- 
ation, and on his further motion is adopted. 



June 19, 1996 



198 SENATE JOURNAL [Second Session 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 20, for further consideration. 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 1097, a bill to permit the City of Brevard to convey certain parcels of real 
property to former owners or adjoining owners with or without consideration, with 
a favorable report. 

H.B. 1131, a bill to permit extension of candidate filing for local offices in 
Pasquotank County when the County Board of Elections Office is closed on the 
last day for filing due to severe weather conditions, with a favorable report. 

H.B. 1137, a bill to allow the Town of Fuquay-Varina to review any request for 
withdrawal of dedication of any street or street easement before any dedication can 
be withdrawn, with a favorable report. 

H.B. 1156, a bill to allow the Town of Mooresville to donate unclaimed bicycles 
to charity, with a favorable report. 

H.B. 1184, a bill relating to the duty of commissioners of the Washington 
Housing Authority under the provisions of Article 1 of Chapter 157 of the General 
Statutes, with a favorable report. 

H.B. 1209, a bill to authorize the Cities of Brevard and Hendersonville to create 
squirrel sanctuaries for the preservation of the "Brevard White Squirrel," with a 
favorable report. 

H.B. 1215, a bill to authorize the Rockingham Board of Equalization and 
Review to meet after its formal adjournment, with a favorable report. 

H.B. 1219, a bill to allow the County of Alamance and the cities located in that 
County to donate unclaimed bicycles to charity, with a favorable report. 

H.B. 1254 (Committee Substitute), a bill to amend the Charter of the City of 
Havelock concerning the powers of the city manager, with a favorable report. 

H.B. 1279, a bill concerning the manner of selecting the Mayor Pro Tempore of 
the Town of Mount Holly, with a favorable report. 

H.B. 1358, a bill to authorize the City of Burlington, North Carolina, to convey 
certain surplus property by private sale to Habitat for Humanity of Alamance 
County, N. C, Inc., with a favorable report. 

H.B. 1371, a bill to exempt the County of Johnston from certain statutory 
requirements relating to the construction of an animal control facility, with a 
favorable report. 

H.B. 1376 (Committee Substitute), a bill to remove the bag limits on the 
trapping of raccoons in Beaufort, Craven, Hyde, Pamlico, and Pitt Counties, with 
a favorable report. 



June 19, 1996 



1996] SENATE JOURNAL 199 

H.B. 1384, a bill to limit the height of structures in the Town of Calabash and 
to allow exceptions to the height limit upon approval by referendum, with a 
favorable report. 

H.B. 1385, a bill to provide for a referendum in Brunswick County on the 
questions of changing the terms of office of the Brunswick County Board of 
Commissioners and the Brunswick County Board of Education from two years to 
four years, with a favorable report. 

H.B. 1394, a bill to allow the Counties of Graham and Cherokee to acquire 
property for use by the County Board of Education, with a favorable report. 

With unanimous consent, on motion of Senator Jordan, the bill is re-referred to 
the Finance Committee. 

H.B. 1395, a bill to allow for initiative, referendum, and recall in the Town of 
River Bend, with a favorable report. 

H.B. 1400, a bill establishing the Harmon Field Board of Supervisors for admin- 
istration of Harmon Field located in Polk County, with a favorable report. 

H.B. 1414, a bill relating to the Charlotte Civil Service Board, with a favorable 
report. 

H.B. 1419, a bill to change the local alcohol beverage control board audits from 
quarterly to annual to conform to the General Statutes, with a favorable report. 

H.B. 1080 (Committee Substitute), a bill to make fox hunting in Currituck 
County consistent with the regulations of the Wildlife Resources Commission by 
repealing the law authorizing fox hunting in certain portions of Currituck County 
at all times of the year, with a favorable report, as amended. 

H.B. 1372, a bill to confirm that Stanly County may purchase and convey 
property to the State of North Carolina for use as a correctional facility, with an 
unfavorable report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Jordan, the rules are suspended, and the proposed Senate 
Committee Substitute bill 5248, which changes the title, upon concurrence, to read 
H.B. 1372 (Senate Committee Substitute), a bill to confirm that Stanly County may 
purchase and convey property to the State of North Carolina for use as a correc- 
tional facility and to delay the effective date of the law requiring the register of 
deeds to comply with minimum indexing standards for land records management in 
Brunswick County, is placed before the Senate for immediate consideration. 

On motion of Senator Jordan, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 20, for further consideration. 

H.B. 1135, a bill to repeal the statute which named "New Road" in Craven 
County, with an unfavorable report as to bill, but favorable as to Senate Com- 
mittee Substitute bill. 

On motion of Senator Jordan, the proposed Senate Committee Substitute bill 
A249, which changes the title, upon concurrence, to read H.B. 1135 (Senate 



June 19, 1996 



200 SENATE JOURNAL [Second Session 

Committee Substitute), a bill to repeal the statute that named "New Road" in 
Craven County, to authorize Craven County to levy an additional room occupancy 
tax, and to revise the existing Craven County room occupancy tax, is placed before 
the Senate for immediate consideration. 

On motion of Senator Jordan, the Senate Committee Substitute bill is adopted, 
and on his further motion is re-referred to the Finance Committee. 

H.B. 1270, a bill to prohibit hunting from the right-of-way of Powell Road in 
Craven County, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Jordan, the rules are suspended, and the proposed Senate 
Committee Substitute bill A248, which changes the title, upon concurrence, to read 
H.B. 1270 (Senate Committee Substitute), a bill to prohibit hunting from the 
right-of-way of Powell Road in Craven County and to prohibit hunting from the 
right-of-way of public roads in Northampton County, is placed before the Senate 
for immediate consideration. 

On motion of Senator Jordan, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 20, for further consideration. 

CALENDAR (Continued) 

S.B. 1296 (Committee Substitute), a bill to extend the regular period of post- 
release supervision from six to nine months, to extend the period of post-release 
supervision to five years for sex offenders and to provide for special conditions of 
post-release supervision for sex offenders and persons convicted of offenses 
involving physical, mental, or sexual abuse of minors. 

Senator Ballantine offers Amendment No. 1. 

Senator Odom rises to a point of order under Rule 57.1 as to the germaneness 
of Amendment No. 1 offered by Senator Ballantine. The Chair rules Amendment 
No. 1 not germane to the original subject matter of the Committee Substitute bill, 
and displaces the Amendment. 

The Committee Substitute bill passes its second (46-0) and third (47-0) readings. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to the President of 
the Senate, Lieutenant Governor Wicker, who presides. 

The Committee Substitute bill is ordered sent to the House of Representatives 
by special messenger. 

S.B. 1297 (Committee Substitute), a bill to provide for mandatory conditions of 
probation for sex offenders and persons convicted of offenses involving physical, 
mental, or sexual abuse of children. 

The Committee Substitute bill passes its second reading (47-2). 

Senator Odom objects to the third reading of the measure. Pursuant to Rule 50, 
the Chair orders the measure placed on the Calendar for tomorrow, June 20, for 
further consideration upon third reading. 

H.B. 233 (Senate Committee Substitute), a bill to transfer Moore County to 
Judicial and Prosecutorial Districts 19B, on today's Calendar. 

With unanimous consent, the Senate Committee Substitute bill is taken up out 
of its regular order of business. 



June 19, 1996 



1996] SENATE JOURNAL 201 

Senator Conder offers Amendment No. 1 which is adopted (46-2). 

The Senate Committee Substitute bill, as amended, passes its second reading 
(43-4). 

Senator Hobbs objects to the third reading of the measure. Pursuant to Rule 50 
the Chair orders the Senate Committee Substitute bill, as amended, placed on the 
Calendar for tomorrow, Thursday, June 20, for further consideration upon third 
reading. 

H.B. 1192, a bill to develop a proposal for a reserve fund to pay catastrophic 
losses as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues, carried forward as unfinished business 
from Thursday, June 13. 

The bill passes its second (46-0) and third readings and is ordered enrolled. 

H.B. 1193, a bill to provide for more effective financial supervision, rehab- 
ilitation, and liquidation procedures for continuing care retirement centers and to 
provide that continuing care agreements are subordinate to the cost of administra- 
tion in liquidation as recommended by the Legislative Research Commission's 
Committee on Insurance and Insurance-Related Issues, carried forward as unfin- 
ished business from Thursday, June 13. 

The bill passes its second (46-0) and third readings and is ordered enrolled. 

H.B. 686 (Committee Substitute), a bill to make changes to the General Statutes 
pertaining to domestic violence, on today's Calendar. 

With unanimous consent, the Committee Substitute bill is taken up out of its 
regular order of business. 

On motion of Senator Cooper, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (44-0) and third 
readings and is ordered sent to the House of Representatives, for concurrence in 
Senate Amendment No. 1 by special messenger. 

H.B. 1200, a bill to revise the participation formula of the North Carolina Insur- 
ance Underwriting Association as recommended by the Legislative Research Com- 
mission's Committee on Insurance and Insurance-Related Issues, carried forward 
as unfinished business from Thursday, June 13. 

Senator Soles offers Amendment No. 1 which is adopted (46-0). 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment 
No. 1 by special messenger. 

S.B. 555, a bill to increase the maximum fees that the North Carolina State 
Board of Dental Examiners may access, to move fee authorizations from separate 
sections to a general fee section, to eliminate a fee that is not needed, and to 
update statutory language on board annual meetings, for concurrence in House 
Amendment No. 1, which changes the title, upon concurrence, to read S.B. 555, a 
bill to increase the maximum fees that the North Carolina State Board of Dental 
Examiners may assess, to move fee authorizations from separate sections to a 
general fee section, to eliminate a fee that is not needed, and to update statutory 
language on board annual meetings, upon second reading, carried forward as 
unfinished business from Thursday, June 13. 



June 19, 1996 



202 SENATE JOURNAL [Second Session 

The Chair rules the bill, as amended by the House of Representatives, does not 
require a call of the roll. 

The Senate concurs in House Amendment No. 1 (43-2) and the bill is ordered 
enrolled. 

H.B. 1233 (Committee Substitute No. 2), a bill to enact the Overhead High- 
Voltage Line Safety Act as recommended by the Joint Legislative Utility Review 
Committee, placed earlier today on the Calendar for tomorrow, June 20, upon 
third reading. 

Senator Shaw withdraws his objection to third reading. With unanimous 
consent, the Senate reconsiders and the Committee Substitute bill No. 2 is taken 
from the Calendar for June 20 and placed on today's Calendar for further consid- 
eration upon third reading. 

A bill on the Calendar carried forward as unfinished business from Monday, 
June 17, is taken up and disposed of, as follows: 

H.B. 1157 (Committee Substitute), a bill to codify and clarify the State Board of 
Elections' ruling concerning contributions to State campaigns by federal com- 
mittees, carried forward as unfinished business from Monday, June 17. 

On motion of Senator Gulley, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (43-1) and third 
readings and is ordered sent to the House of Representatives, for concurrence in 
Senate Amendment No. 1 by special messenger. 

Bills on the Calendar carried forward as unfinished business from Tuesday, 
June 18, are taken up and disposed of, as follows: 

H.B. 859 (Senate Committee Substitute), a bill to revise the Solid Waste Man- 
agement Act of 1989 and related statutes, upon second reading. 

The Chair rules the Senate Committee Substitute does not require a call of the 
roll. 

Senator Ballantine offers Amendment No. 1 which is adopted (46-0). 

The Senate Committee Substitute bill, as amended, passes its second (47-0) and 
third readings and is ordered engrossed and sent to the House of Representatives, 
for concurrence in the Senate Committee Substitute bill by special messenger. 

S.B. 1301 (Committee Substitute), a bill to make various technical amendments 
to the General Statutes as recommended by the General Statutes Commission and 
to make other technical corrections to the General Statutes. 

The Committee Substitute bill, passes its second (47-0) and third readings and 
is ordered sent to the House of Representatives by special messenger. 

S.B. 1343, a bill to specify that one member of the Environmental Management 
Commission shall have employment experience in industrial air and water pollution 
control at an industrial manufacturing facility, as recommended by the Environ- 
mental Management Commission. 

On motion of Senator Albertson, Committee Amendment No. 1 is adopted, 
changing the title to read S.B. 1343, a bill to specify that one member of the 
Environmental Management Commission shall have employment experience in 



June 19, 1996 



1996] SENATE JOURNAL 203 

industrial air and water pollution control at an industrial manufacturing facility, as 
recommended by the Environmental Review Commission. 

The bill, as amended, passes its second (45-1) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

S.B. 126 (House Committee Substitute), a bill to create the Long-Term Care 
Subcommittee and to provide for the creation of other subcommittees of the North 
Carolina Study Commission on Aging and to make changes to the long-term care 
law, for concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (47-0) and the 
measure is ordered enrolled. 

S.B. 687 (Committee Substitute), a bill to provide for improvement permits 
for sewage disposal systems, for concurrence in the House Committee Substitute 
bill No. 2, which changes the title, upon concurrence, to read S.B. 687 (House 
Committee Substitute No. 2), a bill to provide for improvement permits for a 
wastewater system that are valid for five years in addition to the improvement 
permits that are valid without expiration under current law. 

The Senate concurs in the House Committee Substitute bill No. 2 (47-0) and 
the measure is ordered enrolled. 

H.B. 233 (Senate Committee Substitute), a bill to transfer Moore County to 
Judicial and Prosecutorial Districts 19B, as amended, placed earlier today on the 
Calendar for Thursday, June 20, upon third reading. 

With unanimous consent, Senator Hobbs withdraws his objection to third 
reading. The Senate reconsiders and the Senate Committee Substitute bill, as 
amended, is taken from the Calendar for June 20, and placed before the Senate 
for further consideration upon third reading. 

The Chair declares the voting equipment inoperative. 

The Senate Committee Substitute bill, as amended, passes its third reading. 

Senator Hobbs requests to be recorded voting "no." 

The Senate Committee Substitute bill, as amended, is ordered sent to the House 
of Representatives, without engrossment, for concurrence in the Senate Committee 
Substitute bill, by special messenger. 

H.B. 1233 (Committee Substitute No. 2), a bill to enact the Overhead High- 
Voltage Line Safety Act as recommended by the Joint Legislative Utility Review 
Committee, earlier placed on today's Calendar, upon third reading. 

With unanimous consent, on motion of Senator Rand, the Committee Substitute 
bill No. 2 is taken up out of its regular order of business. 

The Committee Substitute bill No. 2 passes its third reading and is ordered 
enrolled. 

COMMITTEE REFERRAL RECALL 

H.B. 1203 (Committee Substitute), a bill to allow the appointment in certain 
circumstances of precinct officials and ballot counters for a precinct who are not 
registered to vote in that precinct referred to the Judiciary H/Election Laws 
Committee on June 11. 

Pursuant to Rule 47(b), Senator Gulley offers a motion the Committee Substitute 
bill be taken from the Judiciary II/Election Laws Committee and placed at the end 



June 19, 1996 



204 SENATE JOURNAL [Second Session 

of today's Calendar which motions prevail with unanimous consent. 

The Chair orders the Committee Substitute bill recalled from the Judiciary 11/ 
Election Laws Committee and places it at the end of today's Calendar, for consid- 
eration upon its passage. 

H.B. 1159, a bill to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding, 
referred to the Judiciary H/Election Laws Committee on June 6. 

Pursuant to Rule 47(b), Senator Gulley offers a motion the bill be taken from 
the Judiciary II/Election Laws Committee and placed at the end of today's 
Calendar which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Judiciary II/Election Laws 
Committee and places it at the end of today's Calendar, for consideration upon its 
passage. 

CALENDAR (Continued) 

S.B. 1260, a bill to raise the foreclosure filing fees, on today's Calendar. 
With unanimous consent, the bill is taken up out of its regular order of business. 
The bill passes its second and third readings and is ordered, sent to the House 
of Representatives by special messenger. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

H.B. 1075 (Committee Substitute), a bill to remove the expiration date on the 
Endorsement to Sell Program set forth in Chapter 515 of the 1993 Session Laws, 
on today's Calendar, upon third reading. 

With unanimous consent, on motion of Senator Perdue, the Committee Substi- 
tute bill is taken up out of its regular order of business. 

The Committee Substitute bill passes its third reading (43-0) and is ordered 
enrolled. 

The Senate recesses at 4:50 P.M. for the purpose of committee meetings to 
reconvene at 5:05 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

H.B. 934, a bill to make clarifying, conforming, and technical changes to various 
laws relating to environment, health, and natural resources and related laws, with 



June 19, 1996 



1996] SENATE JOURNAL 205 

an unfavorable report as to bill, favorable as to Senate Committee Substitute bill. 

On motion of Senator Albertson, the rules are suspended, and the proposed 
Senate Committee Substitute bill 6252 is placed before the Senate for immediate 
consideration, and on his further motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 20, for further consideration. 

Upon the appearance of Senator Little in the Chamber, the Chair acknowledges her 
presence and the leave of absence granted previously is withdrawn. 

By Senator Kerr for the Finance Committee: 

H.B. 1135 (Senate Committee Substitute), a bill to repeal the statute which 
named "New Road" in Craven County, to authorize Craven County to levy an 
additional room occupancy tax, and to revise the existing Craven County room 
occupancy tax, as written by the Local Government and Regional Affairs Com- 
mittee, with a favorable report. 

By Senator Sherron for the Finance Committee: 

H.B. 1122, a bill to allow Swain County to employ attachment or garnishment 
and to obtain a lien for ambulance services, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 192, a bill to amend the tax law, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Committee Substitute bill 4715, which changes the title to read S.B. 192 (Com- 
mittee Substitute), a bill to exempt from sales and use tax vitamins and nutritional 
supplements dispensed by chiropractic physicians, is placed before the Senate for 
immediate consideration. 

On motion of Senator Sherron, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the 
Calendar for tomorrow, June 20, for further consideration. 

H.B. 995 (Committee Substitute), a bill to stimulate a substantial increase in 
venture capital investments in North Carolina by allowing an insurance premiums 
tax credit for these investments, with an unfavorable report as to Committee Sub- 
stitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the proposed 
Senate Committee Substitute bill 5253 is placed before the Senate for immediate 
consideration, and on his further motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 20, for further consideration. 

S.B. 980, a bill to exempt nonprofit continuing care facilities from property taxes, 
with a favorable report. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A special message received from the House of Representatives transmitting a bill 
for concurrence is presented to the Senate, read, and disposed of, as follows: 



June 19, 1996 



206 SENATE JOURNAL [Second Session 

S.B. 1201 (House Committee Substitute), a bill to permit the Lumberton 
Firemen's Supplementary Pension Fund to increase the monthly benefits to its 
members, for concurrence in the House Committee Substitute bill. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

Special messages received from the House of Representatives are presented to 
the Senate, read the first time, and disposed of, as follows: 

H.B. 1141, a bill to allow the Division of Motor Vehicles to use different color 
borders to distinguish the age of license holders, thereby making it easier to issue 
duplicate licenses by mail when the photograph on the original license is a 
digitized image. 

Referred to Transportation Committee. 

H.B. 1115, a bill to incorporate the Village of Sloop Point in Pender County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1132 (Committee Substitute), a bill requiring the payment of delinquent 
taxes in Currituck County before the issuance by the County of subdivision 
approval. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1145, a bill extending rights to petition for voluntary noncontiguous annex- 
ation into the City of Henderson. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1211 (Committee Substitute), a bill to revise and consolidate the Charter of 
the Town of Kill Devil Hills. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1306, a bill to remove certain described property from the corporate limits 
of the Town of Spruce Pine. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1309 (Committee Substitute), a bill to add Avery County to those counties 
making it unlawful to remove or destroy electronic collars on dogs. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1314 (Committee Substitute), a bill to allow Halifax, Nash, and Wilson 
Counties to acquire and otherwise make available property for use by the Board of 
Trustees of a Community College within the county. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1366, a bill to revise and consolidate the Charter of the City of Washington. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1370 (Committee Substitute), a bill to redefine the corporate limits of the 
Town of Summerfield. 
Referred to Local Government and Regional Affairs Committee. 



June 19, 1996 



1996] SENATE JOURNAL 207 

H.B. 1375 (Committee Substitute), a bill to modify the manner of election of the 
Whiteville City Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1379, a bill to ratify an agreement between the Iredell-Statesville Schools 
Board of Education and the Mooresville Graded School District Board of 
Education. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1412, a bill to incorporate the Town of Peletier. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1413, a bill to allow Mecklenburg County to acquire property for a magnet 
technical high school for use by its County Board of Education. 
Referred to Finance Committee. 

H.B. 1144 (Committee Substitute), a bill to create the Butner Advisory Council 
and to enumerate its duties. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1313, a bill to allow Wilson County to acquire property for use by the 
County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1234 (Committee Substitute), a bill to allow Martin, Person, and Vance 
Counties to acquire property for use by the County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1205, a bill to allow the County of Dare to acquire property for use by the 
County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1179, a bill regarding the jurisdiction of the Utilities Commission with 
regard to the resale of water or sewer service in apartments, condominiums, and 
similar places as recommended by the Joint Legislative Utility Review Committee. 

Pursuant to Rule 43, the bill is ordered held in the office of the Principal Clerk 
pending referral to committee. 

H.B. 1182, a bill to delete the unnecessary "E' endorsement for a commercial 
drivers license. 
Referred to Transportation Committee. 

H.B. 1324 (Committee Substitute), a bill to extend the regular period of post- 
release supervision from six to nine months, to extend the period of post-release 
supervision to five years for sex offenders and to provide for special conditions of 
post-release supervision for sex offenders and persons convicted of offenses 
involving physical, mental, or sexual abuse of minors. 

Pursuant to Rule 43, the Chair orders the Committee Substitute bill held in the 
office of the Principal Clerk pending referral to committee. 



June 19, 1996 



208 SENATE JOURNAL [Second Session 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's session to Senator McKoy. 

H.B. 1289, a bill to enable the County of Lincoln and the City of Lincolnton to 
establish an airport authority for the maintenance of airport facilities in the 
County. 

Referred to Finance Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 910 House of Representatives 

(Senate Committee Substitute) June 19, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House failed to concur in Senate Committee Substitute for HB 910, A 
BILL TO BE ENTITLED AN ACT TO REQUIRE THE USE OF CERTAIN 
SAFETY EQUIPMENT BY CHILDREN WHEN THEY ARE BICYCLE 
OPERATORS OR PASSENGERS, the Speaker has appointed as conferees on the 
part of the House, 

Representative G. Robinson, Chair 

Representative Brawley 

Representative McAllister, and 

Representative Mitchell 
to act with a like committee on the part of the Senate to the end that the differ- 
ences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1173 House of Representatives 

(Committee Substitute) June 19, 1996 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in 
House Amendment # 1 to Committee Substitute for SB 1173, A BILL TO BE 
ENTITLED AN ACT TO PERMIT THE LOCAL BOARDS OF EDUCATION 
OF VARIOUS COUNTIES TO SCHEDULE LONGER SCHOOL DAYS SO AS 
TO OFFSET DAYS LOST DUE TO INCLEMENT WEATHER, the Speaker has 
appointed as conferees on the part of the House, 

Representative Buchanan, Chair 

Representative R. Hunter 

Representative Nichols 

Representative Wood, and 

Representative Baker 



June 19, 1996 



1996] SENATE JOURNAL 209 

to act with a like committee on the part of the Senate to the end that the 
differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

With bills remaining on the Calendar, on motion of Senator Shaw, seconded by 
Senator Odom, the Senate adjourns at 5:55 P.M. to meet tomorrow, Thursday, 
June 20, at 1:30 P.M. 



ONE HUNDRED THIRTY-THIRD DAY 

Senate Chamber 
Thursday, June 20, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, quoting The 
Courage to Love by William Sloane Coffin, as follows: 

"Heavenly Father, for the times that we find ourselves in the midst of heated 
battle, Your Words from Holy Scripture encourage us, Tear not for I am with 
You!' 

"Forgive us when we live our lives preoccupied by worry and fear; fear of what 
might happen; fear of losing; fear of retribution. 

Very often fear distorts truth, not so much by exaggerating the ills 
of this world — but by underestimating our ability to deal with them. 
While fear seeks safety, love seeks the truth. 
"Today, help the men and women of the Senate to live boldly with conviction, 
seeking the truth through love. For Your Sake, Amen." 

With unanimous consent, the President grants leave of absence for today to 
Senator Smith who is attending the Southern Regional Education Board's Annual 
Meeting in Atlanta. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, June 19, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President of the Senate extends courtesies of the floor to Dr. R.V. Liles 
from Albemarle, who is serving the Senate as Doctor of the Day. 

RECALL FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1297 (Committee Substitute), a bill to provide for mandatory conditions of 
probation for sex offenders and persons convicted of offenses involving physical, 



June 20, 1996 



210 SENATE JOURNAL [Second Session 

mental, or sexual abuse of children, having passed its second reading and ordered, 
in error, sent to the House of Representatives by special messenger on June 19. 
The Chair orders a message sent to the House of Representatives respectfully 
recalling the Committee Substitute bill for further consideration upon its constitu- 
tionally mandated third reading. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled 
and they are duly ratified and sent to the Office of the Secretary of State: 

S.B. 1176, an act to modify the requirements for making street assessments in 
Foxfire Village under certain circumstances. (Ch. 574) 

H.B. 361 (Senate Committee Substitute), an act to amend the Section 108 Loan 
Guarantee Program laws and the laws governing industrial revenue bonds. 
(Ch. 575) 

H.B. 1112, an act to authorize the Town of Maxton to convey certain property 
at private sale to the Historic Preservation Foundation of North Carolina, Inc., a 
nonprofit corporation. (Ch. 576) 

H.B. 1130, an act to authorize the Counties of Camden, Chowan, Currituck, 
Pasquotank, Perquimans, Tyrrell, and Washington to take a lien on real property 
for delinquent fees for certain inspections. (Ch. 577) 

H.B. 1177 (Committee Substitute), an act to allow the merger of the Town of 
Battleboro into the City of Rocky Mount. (Ch. 578) 

H.B. 1192, an act to develop a proposal for a reserve fund to pay catastrophic 
losses as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues. (Ch. 579) 

S.B. 1190, an act to extend the extraterritorial planning jurisdiction of the Town 
of Wallace. (Ch. 580) 

S.B. 1412, an act to reinstate the "no wake zone" within one hundred fifty yards 
of Seafood World in Topsail Sound and to repeal the prohibition on "no wake 
zones" in Pender County. (Ch. 581) 

H.B. 1193, an act to provide for more effective financial supervision, rehab- 
ilitation, and liquidation procedures for continuing care retirement centers and to 
provide that continuing care agreements are subordinate to the cost of administra- 
tion in liquidation as recommended by the Legislative Research Commission's 
Committee on Insurance and Insurance-Related Issues. (Ch. 582) 

S.B. 126 (House Committee Substitute), an act to create the Long-Term Care 
Subcommittee and to provide for the creation of other subcommittees of the North 
Carolina Study Commission on Aging and to make changes to the long-term care 
law. (Ch. 583) 



June 20, 1996 



1996] SENATE JOURNAL 211 

S.B. 555, an act to increase the maximum fees that the North Carolina State 
Board of Dental Examiners may assess, to move fee authorizations from separate 
sections to a general fee section, to eliminate a fee that is not needed, and to 
update statutory language on board annual meetings. (Ch. 584) 

S.B. 687 (House Committee Substitute No. 2), an act to provide for improve- 
ment permits for a wastewater system that are valid for five years in addition to 
the improvement permits that are valid without expiration under current law. 
(Ch. 585) 

H.B. 1075 (Committee Substitute), an act to remove the expiration date on the 
Endorsement to Sell Program set forth in Chapter 515 of the 1993 Session Laws. 
(Ch. 586) 

H.B. 1233 (Committee Substitute No. 2), an act to enact the Overhead High- 
Voltage Line Safety Act as recommended by the Joint Legislative Utility Review 
Committee. (Ch. 587) 

S.B. 1487, an act to provide that marriages recognized outside of this State 
between persons of the same gender are not valid. (Ch. 588) 

S.J.R. 1485, a joint resolution honoring the memory of James Gordon Hanes, 
Jr., former State Senator and industrialist. (Res. 21) 

S.J.R. 1486, a joint resolution authorizing the 1995 General Assembly, 1996 
Session, to consider a joint resolution honoring the life and memory of Governor 
John Motley Morehead on the Two Hundredth Anniversary of his birth. (Res. 22) 

REPORTS OF COMMITTEES 

With unanimous consent on motion of Senator Rand, the rules are suspended to 
the end all bills and resolutions reported from committees are placed on a Supple- 
mental Calendar for today in the order in which they are reported. 

Bills are reported from standing committees, read by their titles, together with 
the reports accompanying them, and take their place on the Supplemental 
Calendar for today, as follows: 

By Senator Cooper for the Judiciary I/Constitution Committee: 

H.B. 1280 (Committee Substitute), a bill to recodify the statute establishing liens 
on insurance proceeds to secure child support and to provide that such liens are 
subordinate to liens arising under Article 9 of Chapter 44 of the General Statutes 
and to other health care provider claims, with a favorable report. 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 1144 (Committee Substitute), a bill to create the Butner Advisory Council 
and to enumerate its duties, with a favorable report. 

H.B. 1328, a bill to abolish the Sanford Golf Commission, with a favorable 
report. 



June 20, 1996 



212 SENATE JOURNAL [Second Session 

H.B. 1388, a bill to amend the law regarding the City of Wilson Firemen's 
Supplemental Retirement Fund, with a favorable report. 

H.B. 1417, a bill relating to disclosure of business interest in Guilford County, 
with a favorable report, as amended. 

COMMITTEE REFERRAL RECALL 

H.B. 1421, a bill to provide for the election of the Board of Education of the 
Mount Airy City School Administrative Unit, referred to the Local Government 
and Regional Affairs Committee on June 12. 

Pursuant to Rule 47(b), Senator Jordan offers a motion the bill be taken from 
the Local Government and Regional Affairs Committee and placed on the Supple- 
mental Calendar for today, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Local Government and Regional 
Affairs Committee and places it on the Supplemental Calendar for today, for 
consideration upon its passage. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills for concurrence are presented to the Senate, read 
and disposed of, as follows: 

S.B. 296 (House Committee Substitute), a bill to provide that the laws relating 
to motor vehicles apply within the Lake Royale Community in Franklin and Nash 
Counties, subject to a finding by a majority of the freeholders in the Lake Royale 
Community, for concurrence in the House Committee Substitute bill, which is 
placed on the Calendar for tomorrow, June 21. 

S.B. 1139 (Committee Substitute), a bill to implement the recommendation of 
the Joint Legislative Education Oversight Committee to implement the State 
Board of Education's ABC's Plan in order to establish an accountability model for 
the public schools to improve student performance and increase local flexibility 
and control, to make conforming changes, and to make an appropriation, for con- 
currence in the House Committee Substitute bill, which changes the title, upon 
concurrence, to read S.B. 1139 (House Committee Substitute), a bill to implement 
the recommendation of the Joint Legislative Education Oversight Committee to 
implement the State Board of Education's ABC's Plan in order to establish an 
accountability model for the public schools to improve student performance and 
increase local flexibility and control, to make conforming changes, and to authorize 
the State Board of Education to expend funds for performance awards. 

On motion of Senator Winner, the rules are suspended without objection, and 
the House Committee Substitute bill is placed before the Senate for immediate 
consideration. 

The Senate fails to concur in the House Committee Substitute bill (19-28). 

Special messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, 
and disposed of as follows: 



June 20, 1996 



1996] SENATE JOURNAL 213 

H.B. 1194 (Committee Substitute), a bill to amend the Medicare supplement 
insurance laws to comply with the federal social security amendments of 1994 as 
recommended by the Legislative Research Commission's Committee on Insurance 
and Insurance-Related Issues. 

Referred to Pensions and Retirement/Insurance/State Personnel Committee. 

H.B. 1207 (Committee Substitute), a bill to clarify the maximum period of time 
a juvenile may be committed in accordance with the Structured Sentencing Act as 
recommended by the Sentencing and Policy Advisory Commission and to amend 
the procedure for court-ordered treatment of a juvenile to require the county to 
arrange for treatment of the juvenile when the parent cannot afford to pay the 
cost. 

Pursuant to Rule 43, the Committee Substitute bill is ordered held in the office 
of the Principal Clerk pending referral to committee. 

H.B. 1242 (Committee Substitute), a bill to clarify the sales tax treatment of 
items given away by merchants. 
Referred to Finance Committee. 

H.B. 1272, a bill to remove certain described property from the corporate limits 
of the City of Statesville. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1436 (Committee Substitute), a bill to appoint persons to public office 
upon the recommendation of the Speaker of the House of Representatives. 
Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1256 House of Representatives 

June 19, 1996 

Mr. President: 

It is ordered that a message be sent to your Honorable Body with the informa- 
tion that the House failed to concur in Senate Amendment # 1 for HB 1256, A 
BILL TO BE ENTITLED AN ACT TO PROVIDE STAGGERED TERMS FOR 
THE GOVERNING BOARD OF THE TOWN OF SPRUCE PINE, AND CON- 
CERNING THE VOTING POWER OF THE MAYOR, the Speaker has 
appointed as conferees on the part of the House, 

Representative Thompson 

Representative Buchanan, and 

Representative Crawford 
to act with a like committee on the part of the Senate to the end that the differ- 
ences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Senator Kincaid offers a motion that the Senate do appoint conferees, which 
motion prevails. 



June 20, 1996 



214 SENATE JOURNAL [Second Session 

The President Pro Tempore takes the appointment of conferees under 
advisement. 

REPORTS OF COMMITTEES 

A standing committee reports is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Supplemental Calendar for today, as follows: 

By Senator Speed for the Transportation Committee: 

S.B. 1273, a bill to implement the recommendations of the performance audit of 
the Division of Motor Vehicles of the Department of Transportation, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Speed, the rules are suspended, and the proposed Com- 
mittee Substitute bill 2750, which changes the title to read S.B. 1273 (Committee 
Substitute), a bill to implement the recommendation of the performance audit of 
the Division of Motor Vehicles of the Department of Transportation to eliminate 
the position of Commissioner of Motor Vehicles, is placed before the Senate for 
immediate consideration. 

On motion of Senator Speed, the Committee Substitute bill is adopted and on 
his further motion the Committee Substitute bill is placed on the Supplemental 
Calendar for today, for further consideration. 

S.B. 1298, a bill to change the civil penalties that may be assessed against certain 
license holders for emissions inspections based on whether the vehicle was inten- 
tionally improperly passed inspection and to change the provisions regarding the 
suspension or revocation of licenses to provide for notice and hearing, as recom- 
mended by the Environmental Review Commission, with an unfavorable report 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Speed, the rules are suspended, and the proposed Com- 
mittee Substitute bill 5722, which changes the title to read S.B. 1298 (Committee 
Substitute), a bill to amend the penalties that may be imposed for violations relat- 
ing to motor vehicle emissions inspections based on whether the vehicle was inten- 
tionally improperly passed and to provide for notice and hearing prior to suspen- 
sion or revocation, as recommended by the Environmental Review Commission, is 
placed before the Senate for immediate consideration. 

On motion of Senator Speed, the Committee Substitute bill is adopted and on 
his further motion the Committee Substitute bill is placed on the supplemental 
Calendar for today, for further consideration. 

CALENDAR 

Bills on the Calendar carried forward as unfinished business from Wednesday, 
June 19, are taken up and disposed of as follows: 

Pursuant to the motion of Senator Basnight, President Pro Tempore, prevailing on 
Tuesday, June 18, all measures ordered sent to the House of Representatives through 
adjournment of the Second Regular Session are sent by special messenger. 

S.B. 1256 (Committee Substitute), a bill to enact the Overhead High- Voltage 
Line Safety Act as recommended by the Joint Legislative Utility Review 
Committee. 



June 20, 1996 



1996] SENATE JOURNAL 215 

With unanimous consent, on motion of Senator Hoyle, the Committee Substitute 
bill is recommitted to the Commerce Committee. 

RECALL FROM THE CLERK'S OFFICE 

H.B. 1072, a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to change the name of Pembroke State University 
to the University of North Carolina at Pembroke, ordered held in the office of the 
Principal Clerk on Monday, May 20, pending referral to committee. 

Senator Rand, Chairman of the Rules and Operation of the Senate Committee, 
offers a motion that Rule 43 be suspended to the end the bill be recalled from the 
office of the Principal Clerk and placed before the Senate for immediate consider- 
ation upon its passage, which motions prevail. 

The Chair orders the bill recalled from the office of the Principal Clerk and 
places it before the Senate for immediate consideration upon its passage. 

The bill passes its second (47-1) and third readings and is ordered enrolled. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 1256, a bill to provide staggered terms for the governing board of the Town 
of Spruce Pine, and concerning the voting power of the Mayor, with the motion of 
Senator Kincaid the Senate do appoint conferees prevailing earlier today. 

The President Pro Tempore appoints Senator Simpson, Chairman, and Senator 
Kincaid as conferees on the part of the Senate to resolve the differences arising 
between the two Bodies, and a message is ordered sent to the House of Represen- 
tatives informing that the Honorable Body of such action. 

CALENDAR (Continued) 

H.B. 995 (Senate Committee Substitute), a bill to stimulate a substantial increase 
in venture capital investments in North Carolina by allowing an insurance 
premiums tax credit for these investments, on today's Calendar. 

With unanimous consent, on motion of Senator Odom, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

Senator Odom offers a further motion the Senate Committee Substitute bill be 
withdrawn from today's Calendar and re-referred to the Appropriations Com- 
mittee, which motion he subsequently withdraws. 

Senator Odom rises to a point of order pursuant to Rule 42(a). The Chair 
sustains the point of order and orders the Senate Committee Substitute bill re- 
referred to the Appropriations Committee. 

S.B. 980, a bill to exempt nonprofit continuing care facilities from property taxes, 
on today's Calendar. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business and pursuant to Rule 42(a) the bill is re-referred 
to the Appropriations Committee. 

CALENDAR (June 19 Unfinished Business Continued) 

S.B. 1292, a bill to clarify the maximum period of time a juvenile may be com- 
mitted in accordance with the Structured Sentencing Act as recommended by the 
Sentencing and Policy Advisory Commission. 



June 20, 1996 



216 SENATE JOURNAL [Second Session 

With unanimous consent, on motion of Senator Gulley, the Chair orders the bill 
temporarily displaced. 

S.B. 1348 (Committee Substitute), a bill to create the Well Contractors Certifica- 
tion Commission, to require that well contractors be certified, and to make various 
amendments to the Well Construction Act, as recommended by the Environmental 
Review Commission. 

With unanimous consent, on motion of Senator Odom, the Committee Substitute 
bill is recommitted to the Agriculture/Environment/Natural Resources Committee. 

H.B. 207 (Committee Substitute), a bill to make it a felony offense to solicit a 
child by means of computer to commit an unlawful sex act. 

On motion of Senator Gulley, Committee Amendment No. 1 is adopted. 

On motion of Senator Gulley, the Chair orders the Committee Substitute bill, as 
amended, temporarily displaced. 

H.B. 332 (Committee Substitute), a bill to clarify the Domiciliary and Nursing 
Home Penalty Assessment law. 

The Committee Substitute bill passes its second (49-0) and third readings and is 
ordered enrolled. 

H.B. 1077 (Committee Substitute), a bill recommended by the Joint Legislative 
Commission on Seafood and Aquaculture to allow employees on shellfish leases 
and franchises to work without possessing an individual shellfish license, changing 
the title, upon concurrence, to read H.B. 1077 (Senate Committee Substitute), a 
bill to make various changes in the marine fisheries laws and to create a Scientific 
Advisory Council. 

Senator Ballantine offers Amendment No. 1 which is adopted (48-0). 

The Senate Committee Substitute bill, as amended, passes its second (49-0) and 
third readings and is ordered engrossed and sent to the House of Representatives, 
for concurrence in the Senate Committee Substitute bill by special messenger. 

COMMITTEE REFERRAL RECALL 

H.B. 1122, a bill to allow Swain County to employ attachment or garnishment 
and to obtain a lien for ambulance services, referred to the Appropriations 
Committee on June 19. 

Pursuant to Rule 47(b), Senator Plyler offers a motion the bill be taken from 
the Appropriations Committee and placed on today's Supplemental Calendar 
which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
places it on today's Supplemental Calendar, for consideration upon its passage. 

CALENDAR (June 19 Unfinished Business Continued) 

H.B. 1149 (Committee Substitute), a bill to change the requirements pertaining 
to licensed physician registration with the North Carolina Medical Board, changing 
the title, upon concurrence, to read H.B. 1149 (Senate Committee Substitute), a 
bill to change the requirements pertaining to physician licensing and registration 
with the North Carolina Medical Board. 

Senator Rand offers Amendment No. 1 which is adopted (49-0). 



June 20, 1996 



1996] SENATE JOURNAL 217 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

The Senate Committee Substitute bill, as amended, passes its second reading 
(47-0). 

Senator McDaniel objects to the third reading of the measure. Pursuant to 
Rule 50, the Chair orders the measure placed on the Calendar for tomorrow, 
Friday, June 21, for further consideration upon third reading. 

H.B. 1163 (Committee Substitute), a bill to provide liens on real property for 
the furnishing of rental equipment. 

The Committee Substitute passes its second (47-0) and third readings and is 
ordered enrolled. 

H.B. 1268 (Senate Committee Substitute), a bill to expedite disposal of 
unclaimed vehicles by towing and storage businesses. 

On motion of Senator Gulley, the Chair orders, without objection, the Senate 
Committee Substitute bill temporarily displaced. 

S.B. 1014 (Committee Substitute), a bill requiring criminal history record checks 
of unlicensed applicants for employment in nursing homes and domiciliary homes, 
for concurrence in the House Committee Substitute bill No. 2, which changes the 
title, upon concurrence, to read S.B. 1014 (House Committee Substitute No. 2), a 
bill requiring criminal history record checks of unlicensed applicants for employ- 
ment in nursing homes, adult care homes, and home care agencies, upon second 
reading. 

The Chair rules the House Committee Substitute bill No. 2 does not require a 
call of the roll. 

The Senate concurs in the House Committee Substitute bill No. 2 and the 
measure is ordered enrolled. 

S.B. 125, a bill to remove the sunset on reverse mortgages, for concurrence 
in the House Committee Substitute bill No. 2, which changes the title, upon con- 
currence, to read S.B. 125 (House Committee Substitute No. 2), a bill to allow 
cancellation by exhibition of a note secured by a deed of trust or mortgage regard- 
less of the date of endorsement. 

The Senate concurs in the House Committee Substitute bill No. 2 (48-0) and 
the measure is ordered enrolled. 

S.B. 294 (House Committee Substitute No. 2), a bill to limit the issuance and 
renewal of barber certificates, permits, and licenses, to establish late fees for 
expired certificates, to make certain revisions to the law governing the Board of 
Barber Examiners and the sanitary rules, and to make conforming changes to the 
Cosmetic Art Act, for concurrence in the House Committee Substitute bill No. 2. 

The Chair announces the voting equipment inoperative. 

The Senate concurs in the House Committee Substitute bill No. 2 and the 
measure is ordered enrolled. 

The Senate recesses at 3:17 P.M. for the purpose of committee meetings to 
reconvene at 3:27 P.M. 



June 20, 1996 



218 SENATE JOURNAL [Second Session 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, as 
follows: 

Without objection, on motion of Senator Sherron, the rules are suspended to the 
end all bills upon the following report from the Finance Committee are placed at 
the end of today's Calendar. 

By Senator Sherron for the Finance Committee: 

H.B. 1102, a bill to implement the recommendation of the School Capital 
Construction Study Commission to direct the State Board of Education and the 
Local Government Commission to modify their accounting and reporting systems 
to allow tracking of local expenditures in schools' capital outlay funds, to direct the 
State Board of Education to develop a uniform system for schools to develop 
five-year capital needs plans, and to amend the School Budget and Fiscal Control 
Act, with a favorable report. 

H.B. 1394, a bill to allow the Counties of Graham and Cherokee to acquire 
property for use by the County Board of Education, with a favorable report. 

Pursuant to Rule 43, the bill is ordered re-referred to the Appropriations 
Committee. 

H.B. 1413, a bill to allow Mecklenburg County to acquire property for a magnet 
technical high school for use by its County Board of Education, with a favorable 
report. 

H.B. 779 (Committee Substitute), a bill to create the North Carolina Board of 
Employee Assistance Professionals and to provide for the licensing of employee 
assistance professionals, with a favorable report, as amended. 

S.B. 1228, a bill to allow community penalties programs to obtain criminal 
record checks of targeted offenders, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consid- 
eration and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the 
Appropriations Committee. 

S.B. 1324, a bill to make changes in the Administrative Procedure Act, to make 
changes in various laws granting the power to adopt rules, and to clarify 
the requirements concerning certain removals of underground storage tanks, as 
recommended by the Administrative Procedure Oversight Committee, with an 
unfavorable report as to bill, but favorable report as to Committee Substitute bill. 

On motion of Senator Sherron the rules are suspended, and the proposed 
Committee Substitute bill 1838 is placed before the Senate for immediate 
consideration, and on his further motion is adopted. 

Pursuant to the motion of Senator Sherron prevailing earlier, the Committee 
Substitute bill is placed at the end of today's Calendar for further consideration. 



June 20, 1996 



1996] SENATE JOURNAL 219 

By Senator Speed for the Transportation Committee: 

H.B. 1141, a bill to allow the Division of Motor Vehicles to use different color 
borders to distinguish the age of license holders, thereby making it easier to issue 
duplicate licenses by mail when the photograph on the original license is a digi- 
tized image, with a favorable report, which is placed on the Supplemental 
Calendar. 

H.B. 1172 (Committee Substitute), a bill to transfer the Rail Safety Section from 
the Utilities Commission to the Department of Transportation and to direct the 
Secretary of Transportation to study the need for continuation of the Rail Safety 
Inspection Program, with a favorable report, which is placed on the Supplemental 
Calendar. 

H.B. 1182, a bill to delete the unnecessary "E' endorsement for a commercial 
drivers license, with a favorable report, which is placed on the Supplemental 
Calendar. 

By Senator Cooper for the Judiciary I/Constitution Committee: 

H.B. 879 (Committee Substitute), a bill to amend the State's gun laws by pre- 
empting local regulation, with an unfavorable report as to Committee Substitute 
bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Senate 
Committee Substitute bill 1395, which changes the title, upon concurrence, to read 
H.B. 879 (Senate Committee Substitute), a bill to amend the State's gun laws to 
establish statewide uniform regulation, is placed before the Senate for immediate 
consideration. 

On motion of Senator Cooper, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on 
today's Supplemental Calendar. 

RECALL FROM THE CLERK'S OFFICE 

S.B. 1479, a bill to strengthen the controlled substances laws, ordered held in the 
office of the Principal Clerk on June 3 pending referral to Committee. 

Senator Cooper offers a motion Rule 43 be suspended to the end the bill be 
recalled from the office of the Principal Clerk and placed on today's Supplemental 
Calendar which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the office of the Principal Clerk and 
places it on the Supplemental Calendar for consideration upon its passage. 

COMMITTEE REFERRAL RECALL 

S.B. 1093, a bill to repeal the defense of not guilty by reason of insanity and 
to establish the sentence of guilty but mentally ill, referred to the Judiciary 1/ 
Constitution Committee on May 4, 1995. 

Pursuant to Rule 47(b), Senator Cooper offers a motion the bill be recalled 
from the Judiciary 1/ Constitution Committee and placed on today's Supplemental 
Calendar which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Judiciary I/Constitution Committee 
and places it on today's Supplemental Calendar, for consideration upon its passage. 



June 20, 1996 



220 SENATE JOURNAL [Second Session 

S.B. 1257, a bill to make conforming changes to implement budget adjustments 
and allocations, referred to the Judiciary II/Election Laws Committee on May 22. 

Pursuant to Rule 47(b), Senator Gulley offers a motion the bill be recalled from 
the Judiciary II/Election Laws Committee and placed on today's Supplemental 
Calendar which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Judiciary II/Election Laws Com- 
mittee and places it on today's Supplemental Calendar, for consideration upon its 
passage. 

S.B. 1229, a bill to increase the amount that may be in controversy in district 
and superior civil courts and to make corresponding changes to the Rules of Civil 
Procedure and nonbinding arbitration, referred to the Judiciary II/Election Laws 
Committee on May 21. 

Pursuant to Rule 47(b), Senator Gulley offers a motion the bill be recalled from 
the Judiciary II/Election Laws Committee and placed on today's Supplemental 
Calendar which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Judiciary II/Election Laws Com- 
mittee and places it on today's Supplemental Calendar, for consideration upon its 
passage. 

S.B. 1482, a bill to ban partial-birth abortions and to require a twenty-four- 
hour waiting period and the informed consent of a pregnant woman before abor- 
tion may be performed, to require physicians to inform women of medical risks, 
gestational age, the name of the physician performing the abortion, and certain 
other information, and to require certain printed materials and reports, referred to 
the Judiciary II/Election Laws Committee on June 3. 

Pursuant to Rule 47(b), Senator Gulley offers a motion the bill be recalled from 
the Judiciary II/Election Laws Committee and placed on today's Supplemental 
Calendar which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Judiciary II/Election Laws Com- 
mittee and places it on today's Supplemental Calendar, for consideration upon its 
passage. 

S.B. 1074, a bill to punish as a felony an assault committed with intent to kill or 
intent to inflict extremely serious injury and an assault inflicting extremely serious 
injury, referred to the Judiciary II/Election Laws Committee on May 4, 1995. 

Pursuant to Rule 47(b), Senator Gulley offers a motion the bill be recalled from 
the Judiciary II/Election Laws Committee and placed on today's Supplemental 
Calendar which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Judiciary II/Election Laws Com- 
mittee and places it on today's Supplemental Calendar, for consideration upon its 
passage. 

CALENDAR (June 19 Unfinished Business Continued) 

S.B. 1257, a bill to make conforming changes to implement budget adjustments 
and allocations, placed earlier on the Supplemental Calendar for today. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business. 

Senator Odom rises to a point of order pursuant to Rule 42(a). The Chair 
sustains the point of order and re-refers the bill to the Appropriations Committee. 



June 20, 1996 



1996] SENATE JOURNAL 221 

S.B. 1229, a bill to increase the amount that may be in controversy in district 
and superior civil courts and to make corresponding changes to the Rules of Civil 
Procedure and nonbinding arbitration, placed earlier on the Supplemental Calendar 
for today. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business. 

Senator Odom rises to a point of order pursuant to Rule 42(a). The Chair 
sustains the point of order and re-refers the bill to the Appropriations Committee. 

S.B. 1482, a bill to ban partial-birth abortions and to require a twenty-four- 
hour waiting period and the informed consent of a pregnant woman before abor- 
tion may be performed, to require physicians to inform women of medical risks, 
gestational age, the name of the physician performing the abortion, and certain 
other information, and to require certain printed materials and reports, placed 
earlier on the Supplemental Calendar for today. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business. 

Senator Odom rises to a point of order pursuant to Rule 42(a). The Chair 
sustains the point of order and re-refers the bill to the Appropriations Committee. 

S.B. 1074, a bill to punish as a felony an assault committed with intent to kill or 
intent to inflict extremely serious injury and an assault inflicting extremely serious 
injury, placed earlier on the Supplemental Calendar for today. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business. 

Senator Odom rises to a point of order pursuant to Rule 42(a). The Chair 
sustains the point of order and re-refers the bill to the Appropriations Committee. 

S.B. 1479, a bill to strengthen the controlled substances laws, placed earlier on 
the Supplemental Calendar for today. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business. 

Senator Odom rises to a point of order pursuant to Rule 42(a). The Chair 
sustains the point of order and re-refers the bill to the Appropriations Committee. 

S.B. 1093, a bill to repeal the defense of not guilty by reason of insanity and to 
establish the sentence of guilty but mentally ill, placed earlier on the Supplemental 
Calendar for today. 

With unanimous consent, on motion of Senator Odom, the bill is taken up out 
of its regular order of business. 

Senator Odom rises to a point of order pursuant to Rule 42(a). The Chair 
sustains the point of order and re-refers the bill to the Appropriations Committee. 

H.B. 1149 (Committee Substitute), a bill to change the requirements pertaining 
to licensed physician registration with the North Carolina Medical Board, changing 
the title, upon concurrence, to read H.B. 1149 (Senate Committee Substitute), a 
bill to change the requirements pertaining to physician licensing and registration 
with the North Carolina Medical Board, as amended, placed earlier today on the 
Calendar for June 21. 

With unanimous consent, Senator McDaniel withdraws his objection to third 



June 20, 1996 



222 SENATE JOURNAL [Second Session 

reading. The Senate reconsiders and the Senate Committee Substitute bill, as 
amended, is taken from the Calendar for June 21 and placed, on motion of 
Senator Rand, before the Senate for further consideration upon third reading. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Supplemental Calendar for today, as follows: 

By Senator Plexico for the Education/Higher Education Committee: 

H.B. 1187, a bill to permit the local boards of education in certain counties to 
schedule longer school days so as to offset days lost due to inclement weather, with 
a favorable report, as amended. 

H.B. 1208, a bill to permit the local boards of education in certain counties to 
schedule longer school days so as to offset days lost due to inclement weather, with 
a favorable report, as amended. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled and they are 
duly ratified and sent to the Office of the Secretary of State: 

H.B. 233 (Senate Committee Substitute), an act to transfer Moore County to 
Judicial and Prosecutorial Districts 19B. (Ch. 589) 

H.B. 540 (Senate Committee Substitute), an act to authorize the issuance of nine 
hundred fifty million dollars general obligation bonds of the State, subject to a 
vote of the qualified voters of the State, for the construction of highways and to 
amend the Highway Trust Fund. (Ch. 590) 

H.B. 686 (Committee Substitute), an act to make changes to the General 
Statutes pertaining to domestic violence. (Ch. 591) 

H.B. 1200, an act to revise the participation formula of the North Carolina 
Insurance Underwriting Association as recommended by the Legislative Research 
Commission's Committee on Insurance and Insurance-Related Issues. (Ch. 592) 

H.B. 1157 (Committee Substitute), an act to codify and clarify the State Board 
of Elections' ruling concerning contributions to State campaigns by federal com- 
mittees. (Ch. 593) 

H.B. 859 (Senate Committee Substitute), an act to revise the Solid Waste Man- 
agement Act of 1989 and related statutes. (Ch. 594) 

S.B. 375, an act to enlarge the membership of the Stanly County Economic 
Development Commission. (Ch. 595) 

S.B. 600, an act to provide staggered four-year terms for members of the Stanly 
County Board of Commissioners. (Ch. 596) 



June 20, 1996 



1996] SENATE JOURNAL 223 

S.B. 725, an act to exempt Richmond County from certain restrictions relating to 
the sale of hospital facilities to nonprofit corporations. (Ch. 597) 

S.B. 1113, an act to change the date for the oath of office for members of the 
Richmond County Board of Education. (Ch. 598) 

S.B. 1280, an act to permit one-stop voting on direct record voting equipment 
in Wilson County. (Ch. 599) 

S.B. 1360, an act to confirm that Stanly County may purchase and convey prop- 
erty to the State of North Carolina for use as a correctional facility. (Ch. 600) 

S.B. 1409, an act to establish the criminal offenses in Montgomery County of 
trespass on pine straw production land and larceny of pine straw. (Ch. 601) 

CALENDAR (Continued) 

H.B. 1149 (Committee Substitute), a bill to change the requirements pertaining 
to licensed physician registration with the North Carolina Medical Board, changing 
the title, upon concurrence, to read H.B. 1149 (Senate Committee Substitute), a 
bill to change the requirements pertaining to physician licensing and registration 
with the North Carolina Medical Board, as amended, upon third reading. 

Senator McDaniel offers Amendment No. 2 which is adopted (45-0). 

The Senate Committee Substitute, as amended, passes its third reading (46-0). 

The Senate Committee Substitute, as amended, is ordered engrossed and sent to 
the House of Representatives, for concurrence in the Senate Committee Substitute 
bill by special messenger. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
take their place on the Supplemental Calendar, as follows: 

By Senator Gulley for the Judiciary II/Election Laws Committee: 

H.B. 1162 (Committee Substitute), a bill to prohibit the use of ineligible voter's 
testimony about how the vote was cast; to give the person protesting the election 
the right to call for a new election when the number of ineligible voters exceeds 
the margin of victory; and to make related changes, with a favorable report. 

S.B. 1336, a bill to provide that it is a Class F felony to abduct a child from any 
person, agency, or institution lawfully entitled to the child's custody as recom- 
mended by the North Carolina Child Fatality Task Force, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed 
Committee Substitute bill A789 is placed before the Senate for immediate consid- 
eration, and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on today's 
Supplemental Calendar, for further consideration. 



June 20, 1996 



224 SENATE JOURNAL [Second Session 

H.B. 1083, a bill to require first-class mail notice to all property owners in an 
area proposed for addition to a municipality's extraterritorial planning and zoning 
jurisdiction, proportional representation for residents of the ETJ on the planning 
agency, and a hearing before county appointment of representation to the planning 
agency, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Gulley, the rules are suspended, and the proposed Senate 
Committee Substitute bill A251, which changes the title, upon concurrence, to read 
H.B. 1083 (Senate Committee Substitute), a bill to require first-class mail notice to 
all property owners in an area proposed for addition to a municipality's extraterri- 
torial planning and zoning jurisdiction, proportional representation for residents of 
the ETJ on the planning agency, and a hearing before county appointment of 
representation to the planning agency, to prohibit a municipality from claiming for 
lost tax revenue during the pendency of an appeal of annexation and to amend the 
statute of limitations for appealing the validity of a zoning ordinance, is placed 
before the Senate for immediate consideration. 

On motion of Senator Gulley, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on 
today's Supplemental Calendar, for further consideration. 

APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 1139 (Committee Substitute), a bill to implement the recommendation of 
the Joint Legislative Education Oversight Committee to implement the State 
Board of Education's ABC's plan in order to establish an accountability model for 
the public schools to improve student performance and increase local flexibility and 
control, to make conforming changes, and to make an appropriation, which House 
Committee Substitute bill changes the title, upon concurrence, to read S.B. 1139 
(House Committee Substitute), a bill to implement the recommendation of the 
Joint Legislative Education Oversight Committee to implement the State Board of 
Education's ABC's plan in order to establish an accountability model for the public 
schools to improve student performance and increase local flexibility and control, 
to make conforming changes, and to authorize the State Board of Education to 
expend funds for performance awards, with the Senate failing to concur earlier 
today. 

Senator Basnight, President Pro Tempore, offers a motion that the Senate do 
appoint conferees, which motion prevails. 

The President Pro Tempore appoints Senator Winner, Chairman, and Senators 
Plexico and Hartsell as conferees on the part of the Senate to resolve the differ- 
ences arising between the two Bodies, and a message is ordered sent to the House 
of Representatives informing that Honorable Body of such action and requesting 
conferees. 

REPORTS OF COMMITTEES (Continued) 
By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 1115, a bill to incorporate the Village of Sloop Point in Pender County, 
with a favorable report. 

On motion of Senator Jordan, the bill is re-referred to the Finance Committee. 

H.B. 1132 (Committee Substitute), a bill requiring the payment of delinquent 



June 20, 1996 



1996] SENATE JOURNAL 225 

taxes in Currituck County before the issuance by the County of subdivision 
approval, with a favorable report. 

On motion of Senator Jordan, the Committee Substitute bill is re-referred to the 
Finance Committee. 

H.B. 1145, a bill extending rights to petition for voluntary noncontiguous annex- 
ation into the City of Henderson, with a favorable report. 
On motion of Senator Jordan, the bill is re-referred to the Finance Committee. 

H.B. 1205, a bill to allow the County of Dare to acquire property for use by the 
County Board of Education, with a favorable report. 
On motion of Senator Jordan, the bill is re-referred to the Finance Committee. 

H.B. 1210, a bill clarifying the distribution of profits from the operation of the 
Dare County Alcoholic Beverage Control Board, with a favorable report. 

H.B. 1211 (Committee Substitute), a bill to revise and consolidate the Charter of 
the Town of Kill Devil Hills, with a favorable report. 

Senator Kerr, Co-Chairman of the Finance Committee, rises to a point of order 
pursuant to Rule 42(b). The Chair sustains the point of order and re-refers the 
Committee Substitute bill to the Finance Committee. 

H.B. 1212, a bill to amend the Charter of the City of Greensboro with respect 
to settlement of claims, with a favorable report. 

H.B. 1231, a bill to include the Counties of Alleghany, Surry, and Watauga 
among those Counties that require consent of the Board of County Commissioners 
before land may be condemned or acquired by a unit of local government outside 
the County, with a favorable report. 

H.B. 1234 (Committee Substitute), a bill to allow Martin, Person, and Vance 
Counties to acquire property for use by the County Board of Education, with a 
favorable report. 

On motion of Senator Jordan, the Committee Substitute bill is re-referred to the 
Finance Committee. 

H.B. 1306, a bill to remove certain described property from the corporate limits 
of the Town of Spruce Pine, with a favorable report. 
On motion of Senator Jordan, the bill is re-referred to the Finance Committee. 

H.B. 1309 (Committee Substitute), a bill to add Avery County to those counties 
making it unlawful to remove or destroy electronic collars on dogs, with a favor- 
able report. 

H.B. 1313, a bill to allow Wilson County to acquire property for use by the 
County Board of Education, with a favorable report. 
On motion of Senator Jordan, the bill is re-referred to the Finance Committee. 

H.B. 1314 (Committee Substitute), a bill to allow Halifax, Nash, and Wilson 
Counties to acquire and otherwise make available property for use by the Board of 
Trustees of a Community College within the county, with a favorable report. 



June 20, 1996 



226 SENATE JOURNAL [Second Session 

On motion of Senator Jordan, the Committee Substitute bill is re-referred to the 
Finance Committee. 

H.B. 1342, a bill to provide that the Cumberland County Board of Commis- 
sioners must fill a vacancy with the person nominated by the appropriate political 
party if the nomination is made on a timely basis, with a favorable report. 

H.B. 1347, a bill to allow the Cumberland County Board of Education to permit 
the use of public school buses to serve the transportation needs of the National 
Forensics League Tournament, with a favorable report. 

H.B. 1357 (Committee Substitute), a bill to exempt the annexation of the 
Edenton Airport from the ceiling on satellite annexations by the Town of Edenton, 
with a favorable report. 

On motion of Senator Jordan, the Committee Substitute bill is re-referred to the 
Finance Committee. 

H.B. 1366, a bill to revise and consolidate the Charter of the City of Washington, 
with a favorable report. 

Senator Kerr, Co-Chairman of the Finance Committee, rises to a point of order 
pursuant to Rule 42(b). The Chair sustains the point of order and re-refers the 
bill to the Finance Committee. 

H.B. 1370 (Committee Substitute), a bill to redefine the corporate limits of the 
Town of Summerfield, with a favorable report. 

On motion of Senator Jordan, the Committee Substitute bill is re-referred to the 
Finance Committee. 

H.B. 1375 (Committee Substitute), a bill to modify the manner of election of the 
Whiteville City Board of Education, with a favorable report. 

H.B. 1379, a bill to ratify an agreement between the Iredell-Statesville Schools 
Board of Education and the Mooresville Graded School District Board of 
Education, with a favorable report. 

H.B. 1412, a bill to incorporate the Town of Peletier, with a favorable report. 
On motion of Senator Jordan, the bill is re-referred to the Finance Committee. 

COMMITTEE REFERRAL RECALL 

H.B. 1166, a bill to modify the required disclosure statement and eliminate 
duplicative reporting requirements under the Charitable Solicitations Act and to 
modify and clarify requirements for nongovernmental entities' accountability for 
State grants, referred to the Appropriations Committee on June 19. 

Pursuant to Rule 47(b), Senator Odom offers a motion the bill be recalled from 
the Appropriations Committee and placed on today's Supplemental Calendar, 
which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
places it on today's Supplemental Calendar for consideration upon its passage. 



June 20, 1996 



1996] SENATE JOURNAL 227 

H.B. 1094, a bill to prohibit the imposition of a failure to pay penalty when 
additional tax due is paid at the time an amended return is filed or within thirty 
days after the additional tax was assessed, referred to the Appropriations Com- 
mittee on June 18. 

Pursuant to Rule 47(b), Senator Plyler offers a motion the bill be recalled from 
the Appropriations Committee and placed on today's Supplemental Calendar, 
which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
places it on today's Supplemental Calendar for consideration upon its passage. 

CONFERENCE REPORT 

S.B. 1173 (Committee Substitute) 

Senator Plexico for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon S.B. 1173 (Committee 
Substitute), a bill to permit the local boards of education of various counties to 
schedule longer school days so as to offset days lost due to inclement weather, 
submits the following report, for adoption: 

To: The President of the Senate 

The Speaker of the House of Representatives 

The conferees appointed to resolve the differences between the Senate and the 
House of Representatives on Senate Bill 1173, A BILL TO BE ENTITLED AN 
ACT TO PERMIT THE LOCAL BOARDS OF EDUCATION OF VARIOUS 
COUNTIES TO SCHEDULE LONGER SCHOOL DAYS SO AS TO OFFSET 
DAYS LOST DUE TO INCLEMENT WEATHER, Third Edition engrossed 
6/3/96, submit the following report: 

The House recedes from House Amendment #1, adopted 6/13/96, and the 
House and Senate agree to the following amendment: 

on page 1, lines 11-15, rewrite those lines to read as follows: 

"Sec. 2. A local board of education may schedule longer school days under 
Section 1 of this act only after all extra calendar days required under 
G.S. 115C-84(c) have been scheduled to be used as instructional days." 

The conferees recommend that the Senate and the House of Representatives 
adopt this report. 

Date conferees approved report: June 20, 1996. 

S/Leslie Winner S/Charles Buchanan 

S/Clark Plexico S/Robert C. Hunter 



S/Virginia Foxx S/John Nichols 

S/Steve Wood 
S/Rex L. Baker 

Conferees for the Senate Conferees for the 

House of Representatives 






June 20, 1996 



228 SENATE JOURNAL [Second Session 

On motion of Senator Plexico, the Conference Report is adopted (48-0) and a 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

CONFERENCE REPORT 

H.B. 1256 

Senator Kincaid for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon H.B. 1256, a bill to 
provide staggered terms for the governing board of the Town of Spruce Pine, and 
concerning the voting power of the Mayor, submits the following report, for 
adoption: 

To: The President of the Senate 

The Speaker of the House of Representatives 

The conferees appointed to resolve the differences between the Senate and the 
House of Representatives on House Bill 1256, A BILL TO BE ENTITLED AN 
ACT TO PROVIDE STAGGERED TERMS FOR THE GOVERNING BOARD 
OF THE TOWN OF SPRUCE PINE, AND CONCERNING THE VOTING 
POWER OF THE MAYOR, (First Edition), submit the following report: The 
Senate recedes from Senate Amendment 1. 

The conferees recommend that the Senate and the House of Representatives 
adopt this report. 

Date conferees approved report: June 19, 1996. 

S/Donald R. Kincaid S/Charles Buchanan 

S/Dan Simpson S/James W. Crawford, Jr. 

S/Gregory J. Thompson 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Kincaid, the Conference Report is adopted (46-0), and a 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

INTRODUCTION 

S.R. 1494, a Senate simple resolution expressing the will of the Senate to remain 
in Session and continue to work without a per diem expense allowance until a 
responsible budget agreement is reached, filed earlier today for introduction. 

Senator Rand offers a motion Rule 40 be suspended to allow the introduction of 
the Senate simple resolution. 

Senator Cochrane rises to a point of order under Resolution 15, Section 1, of 
the 1995 Session Laws as to the eligibility of the Senate simple resolution. The 
Chair rules the Senate simple resolution eligible in light of budget impact and fails 
to sustain the point of order. 

Senator Cochrane rises to a point of order under Resolution 15, Section 1(6), of 
the 1995 Session Laws as to the requirement of a ratified enabling joint resolution. 



June 20, 1996 



1996] SENATE JOURNAL 229 

The Chair rules introduction of a Senate simple resolution, the vehicle by which 
the Senate expresses its voice, does not require a ratified enabling resolution and 
fails to sustain the point of order. 

Senator Cochrane calls for the "ayes" and "noes" on the motion offered by 
Senator Rand. The call is sustained. 

Senator Cochrane rises to a point of order under Resolution 15, Section 1(1), of 
the 1995 Session Laws as to the eligibility of introduction of the Senate simple 
resolution after May 30. The Chair rules Resolution 15, Section 1(1) of the 1995 
Session Laws addresses the introduction of bills not Senate simple resolutions and 
fails to sustain the point of order. 

Failing to receive a two-thirds affirmative majority, the motion offered by 
Senator Rand to suspend the rules to allow the introduction of the Senate simple 
resolution today fails to prevail ayes 26, noes 23, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Basnight, Conder, 
Cooper, Dannelly, Edwards, Gulley, Hobbs, Hoyle, Jordan, Kerr, Lucas, Martin 
of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Rand, 
Sherron, Soles, Speed, Warren, and Winner — 26. 

Voting in the negative: Senators Allran, Ballantine, Blackmon, Blust, Carpenter, 
Carrington, Clark, Cochrane, Davis, East, Forrester, Foxx, Hartsell, Horton, Kincaid, 
Ledbetter, Little, McDaniel, McKoy, Page, Shaw, Simpson, and Webster — 23. 

CALENDAR (June 19 Unfinished Business Continued) 

H.B. 1268 (Senate Committee Substitute), a bill to expedite disposal of 
unclaimed vehicles by towing and storage businesses, temporarily displaced earlier. 

The Senate Committee Substitute bill passes its second (46-0) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger. 

S.B. 1292, a bill to clarify the maximum period of time a juvenile may be com- 
mitted in accordance with the Structured Sentencing Act as recommended by the 
Sentencing and Policy Advisory Commission, temporarily displaced earlier. 

On motion of Senator Gulley, Committee Amendment No. 1 is adopted. 

On motion of Senator Gulley, the Chair orders, without objection, the bill, as 
amended, temporarily displaced. 

H.B. 207 (Committee Substitute), a bill to make it a felony offense to solicit a 
child by means of computer to commit an unlawful sex act, as amended, tempo- 
rarily displaced earlier. 

The Committee Substitute bill, as amended, passes its second (47-1) and third 
readings and is ordered sent to the House of Representatives, for concurrence in 
Senate Amendment No. 1, by special messenger. 

RECALL FROM THE CLERK'S OFFICE 

H.B. 1207 (Committee Substitute), a bill to clarify maximum period of time a 
juvenile may be committed in accordance with the Structured Sentencing Act as 
recommended by the Sentencing and Policy Advisory Commission and to amend 
the procedure for court-ordered treatment of a juvenile to require the county to 
arrange for treatment of the juvenile when the parent cannot afford to pay the 



June 20, 1996 



230 SENATE JOURNAL [Second Session 

cost, received earlier today from the House of Representatives and ordered held in 
the office of the Principal Clerk pending referral to committee. 

Senator Gulley offers a motion Rule 43 be suspended to the end the Committee 
Substitute bill be taken from the office of the Principal Clerk and placed before 
the Senate for immediate consideration upon its passage, which motions prevail 
with unanimous consent. 

The Chair orders the Committee Substitute bill recalled from the office of the 
Principal Clerk and places it before the Senate for immediate consideration upon 
its passage. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered enrolled. 

CALENDAR (June 19 Unfinished Business Continued) 

H.B. 1159, a bill to repeal the sunset on designation of Employment Security 

Commission offices as voter registration agencies and to provide for funding. 

The bill passes its second (36-10) and third readings and is ordered enrolled. 

H.B. 1203 (Committee Substitute), a bill to allow the appointment in certain 
circumstances of precinct officials and ballot counters for a precinct who are not 
registered to vote in that precinct. 

The Committee Substitute bill passes its second (45-1) and third readings and is 
ordered enrolled. 

Bills on today's Calendar are taken up and disposed of, as follows: 

H.B. 1097, a bill to permit the City of Brevard to convey certain parcels of real 
property to former owners or adjoining owners with or without consideration, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin 
of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, 
Rand, Simpson, Soles, Speed, Webster, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Friday, June 21, for 
further consideration upon third reading. 

H.B. 1400, a bill establishing the Harmon Field Board of Supervisors for admin- 
istration of Harmon Field located in Polk County, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 
Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Conder, 
Cooper, Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, 
Horton, Hoyle, Jordan, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin 
of Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, 
Rand, Simpson, Soles, Speed, Webster, and Winner — 45. 



June 20, 1996 



1996] SENATE JOURNAL 231 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Friday, June 21, for 
further consideration upon third reading. 

H.B. 1401, a bill amending the Charter of the City of Fayetteville regarding 
zoning hearings. 

With unanimous consent, on motion of Senator Edwards, the bill is taken up out 
of its regular order of business and on his further motion, consideration of the bill 
is postponed until Friday, June 21. 

H.B. 1131, a bill to permit extension of candidate filing for local offices in 
Pasquotank County when the County Board of Elections Office is closed on the 
last day for filing due to severe weather conditions. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1137, a bill to allow the Town of Fuquay-Varina to review any request for 
withdrawal of dedication of any street or street easement before any dedication can 
be withdrawn. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1156, a bill to allow the Town of Mooresville to donate unclaimed bicycles 
to charity. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1184, a bill relating to the duty of commissioners of the Washington Housing 
Authority under the provisions of Article 1 of Chapter 157 of the General Statutes. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1209, a bill to authorize the Cities of Brevard and Hendersonville to create 
squirrel sanctuaries for the preservation of the "Brevard White Squirrel." 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1215, a bill to authorize the Rockingham Board of Equalization and 
Review to meet after its formal adjournment. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1219, a bill to allow the County of Alamance and the cities located in that 
County to donate unclaimed bicycles to charity. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1254 (Committee Substitute), a bill to amend the Charter of the City of 
Havelock concerning the powers of the city manager. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1270, a bill to prohibit hunting from the right-of-way of Powell Road in 
Craven County, which title changes, upon concurrence, to read H.B. 1270 (Senate 
Committee Substitute), a bill to prohibit hunting from the right-of-way of Powell 
Road in Craven County and to prohibit hunting from the right-of-way of public 
roads in Northampton County. 



June 20, 1996 



232 SENATE JOURNAL [Second Session 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger. 

H.B. 1279, a bill concerning the manner of selecting the Mayor Pro Tempore of 
the Town of Mount Holly. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1358, a bill to authorize the City of Burlington, North Carolina, to convey 
certain surplus property by private sale to Habitat for Humanity of Alamance 
County, N. C, Inc. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1371, a bill to exempt the County of Johnston from certain statutory 
requirements relating to the construction of an animal control facility. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1372, a bill to confirm that Stanly County may purchase and convey prop- 
erty to the State of North Carolina for use as a correctional facility, which title 
changes, upon concurrence, to read H.B. 1372 (Senate Committee Substitute), a 
bill to confirm that Stanly County may purchase and convey property to the State 
of North Carolina for use as a correctional facility and to delay the effective date 
of the law requiring the register of deeds to comply with minimum indexing 
standards for land records management in Brunswick County. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger. 

H.B. 1384, a bill to limit the height of structures in the Town of Calabash and 
to allow exceptions to the height limit upon approval by referendum. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1385, a bill to provide for a referendum in Brunswick County on the 
questions of changing the terms of office of the Brunswick County Board of Com- 
missioners and the Brunswick County Board of Education from two years to four 
years. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1414, a bill relating to the Charlotte Civil Service Board. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1419, a bill to change the local alcohol beverage control board audits from 
quarterly to annual to conform to the General Statutes. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1080 (Committee Substitute), a bill to make fox hunting in Currituck 
County consistent with the regulations of the Wildlife Resources Commission by 
repealing the law authorizing fox hunting in certain portions of Currituck County 
at all times of the year. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted (42-0). 



June 20, 1996 



1996] SENATE JOURNAL 233 

The Committee Substitute bill, as amended, passes its second and third readings 
and is ordered sent to the House of Representatives, for concurrence in Senate 
Amendment No. 1, by special messenger. 

H.B. 1135, a bill to repeal the statute which named "New Road" in Craven 
County, which title changes, upon concurrence, to read H.B. 1135 (Senate Com- 
mittee Substitute), a bill to repeal the statute which named "New Road" in Craven 
County, to authorize Craven County to levy an additional room occupancy tax, and 
to revise the existing Craven County room occupancy tax. 

The Chair rules the Senate Committee Substitute bill requires a call of the roll. 

Senator Soles offers Amendment No. 1 which he subsequently withdraws. 

The Senate Committee Substitute bill passes its second reading by roll-call 
vote, ayes 38, noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Basnight, Blackmon, 
Blust, Clark, Cochrane, Conder, Cooper, Dannelly, Davis, Edwards, Forrester, 
Foxx, Gulley, Hartsell, Horton, Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, 
Lucas, Martin of Pitt, Martin of Guilford, McDaniel, McKoy, Odom, Page, 
Parnell, Perdue, Plexico, Plyler, Shaw, Soles, Speed, and Winner — 38. 

Voting in the negative: Senators Allran and Carpenter — 2. 

The Senate Committee Substitute bill is ordered placed on the Calendar for 
tomorrow, Friday, June 21, for further consideration upon third reading. 

H.B. 1376 (Committee Substitute), a bill to remove the bag limits on the 
trapping of raccoons in Beaufort, Craven, Hyde, Pamlico, and Pitt Counties. 

Senator Perdue offers Amendment No. 1 which is adopted (46-0), changing the 
title, upon concurrence, to read H.B. 1376 (Committee Substitute), a bill to 
remove the bag limits on the trapping of raccoons in Beaufort, Hyde, and Pamlico 
Counties. 

The Committee Substitute bill, as amended, passes its second and third readings. 

Senator Perdue requests to be recorded voting "no." 

The Committee Substitute bill, as amended, is ordered sent to the House 
of Representatives, for concurrence in Senate Amendment No. 1 by special 
messenger. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 1297 House of Representatives 

(Committee Substitute) June 20, 1996 

Mr. President: 

Pursuant to your request, we are returning Committee Substitute for SB 1297, A 
BILL TO BE ENTITLED AN ACT TO PROVIDE FOR MANDATORY 
CONDITIONS OF PROBATION FOR SEX OFFENDERS AND PERSONS 
CONVICTED OF OFFENSES INVOLVING PHYSICAL, MENTAL, OR 
SEXUAL ABUSE OF CHILDREN, for further consideration by your Honorable 
Body. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 



June 20, 1996 



234 SENATE JOURNAL [Second Session 

With unanimous consent, on motion of Senator Odom, the Committee Substitute 
bill is placed on today's Calendar, upon third reading. 

CALENDAR (Continued) 

H.B. 1395, a bill to allow for initiative, referendum, and recall in the Town of 
River Bend. 

Senator Soles offers Amendment No. 1 which is adopted (46-0), changing the 
title, upon concurrence, to read H.B. 1395, a bill to allow for initiative, refer- 
endum, and recall in the Town of River Bend and to delay the effective date of the 
law requiring the register of deeds to comply with minimum indexing standards for 
land records management in Brunswick County. 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment 
No. 1 by special messenger. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to the President of 
the Senate, Lieutenant Governor Wicker, who presides. 

The Senate recesses at 5:26 P.M. to reconvene at 5:41 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A Wicker, Lieutenant Governor. 

With no further business considered and with bills remaining on the Calendar, 
on motion of Senator Basnight, seconded by Senator Cochrane, the Senate 
adjourns at 5:57 P.M. to meet tomorrow, Friday, June 21, at 1:00 P.M. 



ONE HUNDRED THIRTY-FOURTH DAY 

Senate Chamber 
Friday, June 21, 1996. 

The Senate meets pursuant to adjournment and is called to order by the 
Honorable Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, in an unofficial last will and testament sent as letter to his 
surrogate son, Timothy, the Apostle Paul wrote these famous words, T have fought 
the good fight, I have finished the race, I have kept the faith.' 

"Though his words are often used as eulogy so that history might remember how 
one has lived, the greatest power in his statement comes as challenge when applied 



June 21, 1996 



1996] SENATE JOURNAL 235 

in the present and future tenses. Because each of us must also judge ourselves by 
what we are doing now and will do! 

"So give us strength to keep the faith, to keep fighting the good fight until we, 
too, finish the race. Amen." 

With unanimous consent, the President grants a leave of absence for today to 
Senator Smith who is attending the Southern Regional Education Board's Annual 
Meeting in Atlanta. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Thursday, June 20, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled 
and they are duly ratified and sent to the Office of the Secretary of State: 

H.B. 332 (Committee Substitute), an act to clarify the Domiciliary and Nursing 
Home Penalty Assessment law. (Ch. 602) 

H.B. 1072, an act to implement the recommendation of the Joint Legislative 
Education Oversight Committee to change the name of Pembroke State University 
to the University of North Carolina at Pembroke. (Ch. 603) 



S.B. 125 (House Committee Substitute No. 2), an act to allow cancellation by 
exhibition of a note secured by a deed of trust or mortgage regardless of the date 
of endorsement. (Ch. 604) 

S.B. 294 (House Committee Substitute No. 2), an act to limit the issuance and 
renewal of barber certificates, permits, and licenses, to establish late fees for 
expired certificates, to make certain revisions to the law governing the Board of 
Barber Examiners and the sanitary rules, and to make conforming changes to the 
Cosmetic Art Act. (Ch. 605) 

S.B. 1014 (House Committee Substitute No. 2), an act requiring criminal history 
record checks of unlicensed applicants for employment in nursing homes, adult 
care homes, and home care agencies. (Ch. 606) 

H.B. 1163 (Committee Substitute), an act to provide liens on real property for 
the furnishing of rental equipment. (Ch. 607) 

H.B. 1159, an act to repeal the sunset on designation of Employment Security 
Commission offices as voter registration agencies and to provide for funding. 
(Ch. 608) 

H.B. 1207 (Committee Substitute), an act to clarify the maximum period of time 
a juvenile may be committed in accordance with the Structured Sentencing Act as 
recommended by the Sentencing and Policy Advisory Commission and to amend 



June 21, 1996 



236 SENATE JOURNAL [Second Session 

the procedure for court-ordered treatment of a juvenile to require the county to 
arrange for treatment of the juvenile when the parent cannot afford to pay the 
cost. (Ch. 609) 

H.B. 1358, an act to authorize the City of Burlington, North Carolina, to convey 
certain surplus property by private sale to Habitat for Humanity of Alamance 
County, N.C., Inc. (Ch. 610) 

H.B. 1371, an act to exempt the County of Johnston from certain statutory 
requirements relating to the construction of an animal control facility. (Ch. 611) 

H.B. 1131, an act to permit extension of candidate filing for local offices in 
Pasquotank County when the County Board of Elections Office is closed on the 
last day for filing due to severe weather conditions. (Ch. 612) 

H.B. 1137, an act to allow the Town of Fuquay-Varina to review any request for 
withdrawal of dedication of any street or street easement before any dedication can 
be withdrawn. (Ch. 613) 

H.B. 1156, an act to allow the Town of Mooresville to donate unclaimed bicycles 
to charity. (Ch. 614) 

H.B. 1184, an act relating to the duty of commissioners of the Washington Hous- 
ing Authority under the provisions of Article 1 of Chapter 157 of the General 
Statutes. (Ch. 615) 

H.B. 1209, an act to authorize the Cities of Brevard and Hendersonville to 
create squirrel sanctuaries for the preservation of the "Brevard White Squirrel." 
(Ch. 616) 

H.B. 1215, an act to authorize the Rockingham Board of Equalization and 
Review to meet after its formal adjournment. (Ch. 617) 

H.B. 1219, an act to allow the County of Alamance and the cities located in that 
County to donate unclaimed bicycles to charity. (Ch. 618) 

H.B. 1254 (Committee Substitute), an act to amend the Charter of the City of 
Havelock concerning the powers of the city manager. (Ch. 619) 

H.B. 1279, an act concerning the manner of selecting the Mayor Pro Tempore of 
the Town of Mount Holly. (Ch. 620) 

H.B. 1384, an act to limit the height of structures in the Town of Calabash and 
to allow exceptions to the height limit upon approval by referendum. (Ch. 621) 

H.B. 1385, an act to provide for a referendum in Brunswick County on the 
questions of changing the terms of office of the Brunswick County Board of Com- 
missioners and the Brunswick County Board of Education from two years to four 
years. (Ch. 622) 



June 21, 1996 



1996] SENATE JOURNAL 237 

H.B. 1414, an act relating to the Charlotte Civil Service Board. (Ch. 623) 

H.B. 1419, an act to change the local alcohol beverage control board audits from 
quarterly to annual to conform to the General Statutes. (Ch. 624) 

S.B. 1161, an act to implement the recommendation of the Joint Legislative 
Education Oversight Committee to implement and monitor the plan for the trans- 
fer of credits between North Carolina institutions of higher education. (Ch. 625) 

S.B. 1217 (Committee Substitute No. 2), an act to implement recommendations 
of the Blue Ribbon Study Commission on Agricultural Waste. (Ch. 626) 

S.J.R. 1490, a joint resolution honoring John Carteret, Earl of Granville, for 
whom Granville County was named upon the occasion of the Two Hundred Fif- 
tieth Anniversary of Granville County. (Res. 23) 

S.J.R. 1491, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a joint resolution honoring the life and memory of 
Wesley Davis Webster, former member of the General Assembly. (Res. 24) 

S.J.R. 1492, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a joint resolution honoring the life and memory of 
Charles Melvin Creecy, former member of the General Assembly. (Res. 25) 

With unanimous consent, the President grants a leave of absence at 1:20 P.M. for 
a portion of today's Session to Senator Cochrane. 

REPORTS OF COMMITTEES 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Jordan for the Local Government and Regional Affairs Committee: 

H.B. 1272, a bill to remove certain described property from the corporate limits 
of the City of Statesville, with a favorable report. 

On motion of Senator Jordan, the bill is re-referred to the Finance Committee. 

Pursuant to Rule 47(b), Senator Kerr offers a motion the bill be taken from the 
Finance Committee and placed on today's Calendar in its regular order of business 
for consideration upon its passage, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Finance Committee and places it on 
today's Calendar in its regular order of business for consideration upon its passage. 

Pursuant to the motion prevailing on Tuesday, June 18, offered by Senator Basnight, 
President Pro Tempore, all measures ordered sent to the House of Representatives 
through adjournment of the Second Regular Session are sent by special messenger. 

With unanimous consent, the President directs all bills and resolutions reported 
from committees or received on messages from the House of Representatives 
ordered placed on a Supplemental Calendar for today. 



June 21, 1996 



238 SENATE JOURNAL [Second Session 

INTRODUCTION OF RESOLUTIONS 

Resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Rand, Hoyle, Ballance, Warren, Basnight, Albertson, Winner, Odom, 
Hobbs, Little, Parnell, Edwards, Plyler, Plexico, Jordan, Soles, Martin of Pitt, 
Cooper, Kerr, Dannelly, Conder, Sherron, Speed, Lucas, Martin of Guilford, and 
Gulley: 

S.B. 1494, a Senate simple resolution expressing the will of the Senate to remain 
in Session and continue to work without a per diem expense allowance until a 
responsible budget agreement is reached. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Horton: 

S.J.R. 1495, a joint resolution honoring the life and memory of Governor John 
Motley Morehead on the Two Hundredth Anniversary of his birth. 

On motion of Senator Horton, Rule 43 is suspended and the joint resolution is 
placed before the Senate for immediate consideration upon its passage and on his 
further motion the joint resolution is read in its entirety. (See Appendix) 

Upon the appearance of Senator Cochrane in the Chamber, the Chair acknowl- 
edges her presence and a leave of absence granted previously is withdrawn. 

The joint resolution passes its second reading (45-0) and third reading unani- 
mously with members standing, and is ordered sent to the House of Representa- 
tives by special messenger. 

The Chair extends courtesies of the gallery to Robert Lindsay Morehead great- 
grandson of former Governor John Motley Morehead. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 910 (Senate Committee Substitute), a bill to require the use of certain 
safety equipment by children when they are bicycle operators or passengers. 

Pursuant to the message from the House of Representatives received Wednes- 
day, June 19, requesting conferees, Senator Basnight, President Pro Tempore offers 
a motion that the Senate do appoint conferees, which motion prevails. 

The President Pro Tempore appoints Senator Cooper, Chairman, and Senators 
Winner and Ballantine as conferees on the part of the Senate to act with a like 
committee from the House of Representatives to resolve the differences arising 
between the two Bodies. A message is ordered sent to the House of Representa- 
tives informing that Honorable Body of such action. 

REPORTS OF COMMITTEES 

A standing committee report is submitted out of the regular order of business, 
bills are read by their titles, together with the reports accompanying them, and 
with unanimous consent on motion of Senator Sherron, take their place on a 
Supplemental Calendar for today, as follows: 

By Senator Sherron for the Finance Committee: 

S.B. 595, a bill to establish certification for persons performing lead abatement, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 



June 21, 1996 



1996] SENATE JOURNAL 239 

On motion of Senator Sherron, the proposed Committee Substitute bill 7808 is 
placed before the Senate for immediate consideration, and on his further motion 
is adopted. 

On motion of Senator Ballantine, the Committee Substitute bill is re-referred to 
the Appropriations Committee. 

H.B. 1115, a bill to incorporate the Village of Sloop Point in Pender County, 
with a favorable report. 

H.B. 1132 (Committee Substitute), a bill requiring the payment of delinquent 
taxes in Currituck County before the issuance by the County of subdivision 
approval, with a favorable report. 

H.B. 1145, a bill extending rights to petition for voluntary noncontiguous annex- 
ation into the City of Henderson, with a favorable report. 

H.B. 1205, a bill to allow the County of Dare to acquire property for use by the 
County Board of Education, with a favorable report. 

H.B. 1211 (Committee Substitute), a bill to revise and consolidate the Charter of 
the Town of Kill Devil Hills, with a favorable report. 

H.B. 1234 (Committee Substitute), a bill to allow Martin, Person, and Vance 
Counties to acquire property for use by the County Board of Education, with a 
favorable report. 

H.B. 1306, a bill to remove certain described property from the corporate limits 
of the Town of Spruce Pine, with a favorable report. 

H.B. 1313, a bill to allow Wilson County to acquire property for use by the 
County Board of Education, with a favorable report. 

H.B. 1314 (Committee Substitute), a bill to allow Halifax, Nash, and Wilson 
Counties to acquire and otherwise make available property for use by the Board of 
Trustees of a Community College within the county, with a favorable report. 

H.B. 1357 (Committee Substitute), a bill to exempt the annexation of the Eden- 
ton Airport from the ceiling on satellite annexations by the Town of Edenton, with 
a favorable report. 

H.B. 1366, a bill to revise and consolidate the Charter of the City of Washing- 
ton, with a favorable report. 

H.B. 1370 (Committee Substitute), a bill to redefine the corporate limits of the 
Town of Summerfield, with a favorable report. 

H.B. 1412, a bill to incorporate the Town of Peletier, with a favorable report. 

COMMITTEE REFERRAL RECALL 

S.B. 1201 (House Committee Substitute), a bill to permit the Lumberton Fire- 
men's Supplementary Pension Fund to increase the monthly benefits to its 



June 21, 1996 



240 SENATE JOURNAL [Second Session 

members, referred to the Pensions and Retirement/Insurance/State Personnel 
Committee on June 19. 

Pursuant to Rule 47(b), Senator Soles offers a motion the House Committee 
Substitute bill be taken from the Pensions and Retirement/Insurance/State 
Personnel Committee and placed on a Supplemental Calendar for today for 
consideration upon its passage, which motions prevail with unanimous consent. 

The Chair orders the House Committee Substitute bill recalled from the 
Pensions and Retirement/Insurance/State Personnel Committee and places it on a 
Supplemental Calendar for today, for consideration upon its passage. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills for concurrence are presented to the Senate, 
read, and disposed of, as follows: 

S.B. 33, a bill to give the district court concurrent jurisdiction with the superior 
court to accept a plea of guilty or no contest to a Class F, G, H, or I felony with 
the consent of the presiding district court judge, the State, and the defendant, for 
concurrence in the House Committee Substitute bill No. 2, which changes the title, 
upon concurrence, to read S.B. 33 (House Committee Substitute No. 2), a bill to 
make various changes in the criminal jurisdiction of district and superior court and 
to make various criminal law procedural changes. 

Pursuant to the direction of the Chair earlier today, the rules are suspended, 
without objection, and the House Committee Substitute bill No. 2 is placed on a 
Supplemental Calendar for today for consideration upon concurrence. 

S.B. 359 (Committee Substitute), a bill to make it a felony offense to imperson- 
ate a law enforcement officer by unlawfully operating a motor vehicle with an 
operating blue or red light, for concurrence in the House Committee Substitute 
bill, which changes the title, upon concurrence, to read S.B. 359 (House Commit- 
tee Substitute), a bill to make it a felony offense to impersonate a law enforcement 
officer by unlawfully operating a motor vehicle with an operating blue light. 

On motion of Senator Albertson, the rules are suspended without objection, and 
the House Committee Substitute bill is placed on a Supplemental Calendar for 
today for consideration upon concurrence. 

S.B. 540 (House Committee Substitute), a bill to provide for election of all the 
members of the Rockingham City Council for four-year terms, for concurrence in 
the House Committee Substitute bill. 

Pursuant to the direction of the Chair earlier today, the rules are suspended, 
without objection, and the House Committee Substitute bill is placed on a 
Supplemental Calendar for today for consideration upon concurrence. 

S.B. 855, a bill to authorize public hospitals to develop preferred provider 
organizations, health maintenance organizations, and managed care products with 
providers and insurers, for concurrence in the House Committee Substitute bill 
No. 2, which changes the title, upon concurrence, to read S.B. 855 (House Com- 
mittee Substitute No. 2), a bill to authorize public hospitals to develop various 
managed care organizations and managed care products with providers and insurers, 
to amend the Public Records Law, and to provide a health care personnel registry. 



June 21, 1996 



1996] SENATE JOURNAL 241 

On motion of Senator Cooper, the rules are suspended without objection, and 
the House Committee Substitute bill No. 2 is placed before the Senate for immedi- 
ate consideration. 

The Senate fails to concur in the House Committee Substitute bill No. 2 (1-47). 

Senator Basnight, President Pro Tempore, offers a motion to the end the Senate 
do appoint conferees, which motion prevails. 

The President Pro Tempore appoints Senator Cooper, Chairman, and Senators 
Soles and Dannelly as conferees on the part of the Senate to resolve the differ- 
ences arising between the two Bodies, and a message is ordered sent to the House 
of Representatives informing that Honorable Body of such action and requesting 
conferees. 

Special messages received in the office of the Principal Clerk from the House of 
Representatives transmitting bills and resolutions are presented to the Senate, read 
the first time, and disposed of, as follows: 

H.B. 1116, a bill to abolish the Clinton-Sampson Agri-Civic Center Commission, 
with a recommended referral to the Local Government and Regional Affairs Com- 
mittee by the Chairman of the Rules and Operation of the Senate Committee. 

On motion of Senator Jordan, the rules are suspended without objection, to 
refer the bill to committee and the bill is placed on a Supplemental Calendar for 
today for consideration upon its passage. 

H.B. 1139 (Committee Substitute), a bill to streamline the review of grievances 
filed by State employees and applicants for State employment. 
Referred to Children and Human Resources Committee. 

H.B. 1148 (Committee Substitute), a bill to reduce duplication of work between 
the Office of State Personnel and other agencies, departments, and institutions by 
the decentralization of certain functions from the Office of State Personnel to 
those agencies, departments, and institutions. 

Referred to Children and Human Resources Committee. 

H.B. 1169, a bill to abolish and merge certain boards and commissions. 
Referred to Rules and Operation of the Senate Committee. 

H.B. 1183, a bill to establish a standard time period of sixty days in which 
to obtain or change a drivers license, a special identification card, or a vehicle 
registration. 

Referred to Transportation Committee. 

H.B. 1204 (Committee Substitute), a bill to make it a Class F felony offense to 
assault a law enforcement, correctional, probation, parole, or detention officer and 
inflict serious bodily injury and to create a new criminal offense of assaulting a 
firefighter. 

Referred to Judiciary I/Constitution Committee. 

H.B. 1243, a bill to create a new felony offense of assault inflicting serious 
bodily injury as recommended by the North Carolina Sentencing and Policy Advi- 
sory Commission. 

Referred to Judiciary I/Constitution Committee. 



June 21, 1996 



242 SENATE JOURNAL [Second Session 

H.B. 1244 (Committee Substitute), a bill to clarify that appeal bonds are posted 
with the clerk of the appellate court in conformance with the North Carolina Rules 
of Appellate Procedure and to clarify that the undertaking on appeal must be in 
writing. 

Referred to Judiciary II/Election Laws Committee. 

H.B. 1286, a bill to prohibit hunting from the right-of-way of public roads in 
Northampton County, with a recommended referral to the Local Government and 
Regional Affairs Committee by the Chairman of the Rules and Operation of the 
Senate Committee. 

On motion of Senator Jordan, the rules are suspended without objection to refer 
the bill to committee, and the bill is placed on a Supplemental Calendar for today 
for consideration upon its passage. 

H.B. 1316 (Committee Substitute), a bill recommended by the Child Fatality 
Task Force to broaden the access to confidential records for the purposes of child 
fatality review and prevention. 

Referred to Children and Human Resources Committee. 

H.B. 1337 (Committee Substitute), a bill to amend the penalties that may be 
imposed for violations relating to motor vehicle emissions inspections based on 
whether the vehicle was intentionally improperly passed and to provide for notice 
and hearing prior to suspension or revocation, as recommended by the Environ- 
mental Review Commission. 

Referred to Transportation Committee. 

H.B. 1355 (Committee Substitute), a bill to extend up to twenty years the period 
to repay special assessments in the City of Fayetteville, with a recommended refer- 
ral to the Local Government and Regional Affairs Committee by the Chairman of 
the Rules and Operation of the Senate Committee. 

On motion of Senator Rand, the rules are suspended without objection to refer 
the measure to committee, and the Committee Substitute bill is placed on a Sup- 
plemental Calendar for today for consideration upon its passage. 

H.B. 1383, a bill to authorize the Town of Cerro Gordo to convey by private 
sale certain property to Eugene Green, with a recommended referral to the Local 
Government and Regional Affairs Committee by the Chairman of the Rules and 
Operation of the Senate Committee. 

On motion of Senator Soles, the rules are suspended without objection to refer 
the bill to committee, and the bill is placed on a Supplemental Calendar for today 
for consideration upon its passage. 

H.B. 1397, a bill authorizing Columbus County to enter into leases for terms not 
longer than twenty years, with a recommended referral to the Local Government 
and Regional Affairs Committee by the Chairman of the Rules and Operation of 
the Senate Committee. 

On motion of Senator Soles, the rules are suspended without objection to refer 
the bill to committee, and the bill is placed on a Supplemental Calendar for today 
for consideration upon its passage. 

H.B. 1404 (Committee Substitute), a bill to expand the property tax home- 
stead exemption for low-income elderly and disabled individuals and to reimburse 



June 21, 1996 



1996] SENATE JOURNAL 243 

counties and cities for the resulting revenue loss. 
Referred to Finance Committee. 

H.J.R. 1410, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a joint resolution honoring the life and memory of Peleg 
Dameron Midgett, Jr., former member of the General Assembly. 

Pursuant to Rule 43, the joint resolution is ordered held in the office of the 
Principal Clerk pending referral to committee. 

H.B. 1424, a bill to add Caswell and Person Counties to those counties autho- 
rized to establish the boundaries between and among them by the use of orthopho- 
tography, with a recommended referral to the Local Government and Regional 
Affairs Committee by the Chairman of the Rules and Operation of the Senate 
Committee. 

On motion of Senator Jordan, the rules are suspended without objection to refer 
the bill to committee, and the bill is placed on a Supplemental Calendar for today 
for consideration upon its passage. 

H.J.R. 1451, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a joint resolution condemning arson, vandalism, and 
bomb threats against predominantly Black churches and supporting efforts to inves- 
tigate and solve these crimes. 

On motion of Senator Rand, the rules are suspended without objection, and the 
joint resolution is placed on a Supplemental Calendar for today for consideration 
upon its passage. 

H.J.R. 1453, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a bill to be entitled an act to raise the penalty for 
burning of religious structures. 

On motion of Senator Rand, the rules are suspended without objection, and the 
joint resolution is placed on a Supplemental Calendar for today for consideration 
upon its passage. 

H.B. 1301 (Committee Substitute), a bill to provide that it is a Class F felony to 
abduct a child from any person, agency, or institution lawfully entitled to the 
child's custody as recommended by the North Carolina Child Fatality Task Force. 

Referred to Judiciary II/Election Laws Committee. 

H.B. 1411 (Committee Substitute), a bill to prohibit an exhibition featuring a 
dog fight. 
Referred to Judiciary I/Constitution Committee. 

A special message received in the office of the Principal Clerk from the House 
of Representatives transmitting a bill for concurrence is presented to the Senate, 
read, and disposed of, as follows: 

S.B. 709, a bill to validate certain actions of Columbus County Water and Sewer 
District I, for concurrence in the House Committee Substitute bill No. 3, which 
changes the title, upon concurrence, to read S.B. 709 (House Committee Substitute 
No. 3), a bill to allow the consolidation of human services by counties, to make 



June 21, 1996 



244 SENATE JOURNAL [Second Session 

provisions relative to the State and federal funding streams for consolidated human 
services functions, to provide that the membership of a consolidated human ser- 
vices board shall be appointed solely by the Board of County Commissioners, and 
to change the status of county employees of a consolidated county human services 
agency with regard to their coverage under the State Personnel Act. 

On motion of Senator Sherron, the rules are suspended without objection, and 
the House Committee Substitute bill No. 3 is placed on a Supplemental Calendar 
for today for consideration upon concurrence. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 114 House of Representatives 

(Senate Committee Substitute) June 20, 1996 

Mr. President: 

We respectfully request delivery of Senate Committee Substitute for HB 114, A 
BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE MERGER OF 
THE ALAMANCE COUNTY SCHOOLS AND THE BURLINGTON CITY 
SCHOOLS MAY BECOME EFFECTIVE ONLY IF APPROVED BY THE 
VOTERS OF ALAMANCE COUNTY. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

The Chair orders the Senate Committee Substitute bill held in the Clerk's office 
pending further order. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1139 House of Representatives 

(House Committee Substitute) June 20, 1996 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in 
House Committee Substitute for SB 1139, A BILL TO BE ENTITLED AN ACT 
TO IMPLEMENT THE RECOMMENDATION OF THE JOINT LEGISLATIVE 
EDUCATION OVERSIGHT COMMITTEE TO IMPLEMENT THE STATE 
BOARD OF EDUCATION'S ABC'S PLAN IN ORDER TO ESTABLISH AN 
ACCOUNTABILITY MODEL FOR THE PUBLIC SCHOOLS TO IMPROVE 
STUDENT PERFORMANCE AND INCREASE LOCAL FLEXIBILITY AND 
CONTROL, TO MAKE CONFORMING CHANGES, AND TO AUTHORIZE 
THE STATE BOARD OF EDUCATION TO EXPEND FUNDS FOR PER- 
FORMANCE AWARDS, the Speaker has appointed as conferees on the part of 
the House, 

Representative Grady, Chair; 

Representative Preston, 



June 21, 1996 



1996] SENATE JOURNAL 245 

Representative Rogers, 

Representative Wood, and 

Representative Eddins, 
to act with a like committee on the part of the Senate to the end that the differ- 
ence existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1173 House of Representatives 

(Committee Substitute) June 21, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House has adopted the report of the Conferees on SB 1173, A BILL TO 
BE ENTITLED AN ACT TO PERMIT THE LOCAL BOARDS OF EDUCA- 
TION OF VARIOUS COUNTIES TO SCHEDULE LONGER SCHOOL DAYS 
SO AS TO OFFSET DAYS LOST DUE TO INCLEMENT WEATHER. Pur- 
suant to your message that your Honorable Body has adopted the report of the 
Conferees, you may order the bill enrolled. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 



The Chair orders the Committee Substitute bill enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1100 House of Representatives 

(Senate Committee Substitute) June 21, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House has reconsidered the vote by which the House failed to concur in 
the Senate Committee Substitute to HB 1100, A BILL TO BE ENTITLED AN 
ACT TO IMPLEMENT THE RECOMMENDATION OF THE SCHOOL 
CAPITAL CONSTRUCTION STUDY COMMISSION TO AUTHORIZE THE 
ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE, SUBJECT 
TO A VOTE OF THE QUALIFIED VOTERS OF THE STATE, TO PROVIDE 
FUNDS FOR GRANTS TO COUNTIES FOR PUBLIC SCHOOL CAPITAL 
OUTLAY PROJECTS, IN ORDER TO PROMOTE EQUITY IN LOCAL 
SCHOOL FACILITIES ACROSS THE STATE AND TO ENABLE LOCAL 
GOVERNMENTS TO GIVE LOCAL PROPERTY TAX RELIEF, AND TO 
ENSURE THAT CERTAIN GRANTS FOR SCHOOL FACILITY NEEDS 
CONTINUE TO BE MADE IN ACCORDANCE WITH THE 1988 PRIORITY 



June 21, 1996 



246 SENATE JOURNAL [Second Session 

LIST and conferees have been dismissed. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1256 House of Representatives 

June 21, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House has adopted the report of the Conferees on HB 1256, A BILL TO 
BE ENTITLED AN ACT TO PROVIDE STAGGERED TERMS FOR THE 
GOVERNING BOARD OF THE TOWN OF SPRUCE PINE, AND CONCERN- 
ING THE VOTING POWER OF THE MAYOR. 

Pursuant to your message that your Honorable Body has adopted the report of the 
Conferees, we have ordered the bill enrolled. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

CALENDAR 

H.B. 879 (Committee Substitute), a bill to amend the State's gun laws by pre- 
empting local regulation, changing the title, upon concurrence, to read H.B. 879 
(Senate Committee Substitute), a bill to amend the State's gun laws to establish 
statewide uniform regulation, carried forward as unfinished business from the 
Supplemental Calendar for Thursday, June 20. 

With unanimous consent, on motion of Senator Cooper, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

Senator Odom offers Amendment No. 1. Upon a tie-vote (24-24) the 
Lieutenant Governor votes "aye" and Amendment No. 1, offered by Senator 
Odom, is adopted. 

Senator Davis offers a motion that the vote by which Amendment No. 1 was 
adopted be reconsidered, which motion prevails (47-2), and the question becomes 
the adoption of Amendment No. 1. 

Amendment No. 1 offered by Senator Odom is adopted (26-23). 

The Senate Committee Substitute bill, as amended, passes its second (40-9) and 
third readings and is ordered sent to the House of Representatives, for concur- 
rence in the Senate Committee Substitute bill, without engrossment, by special 
messenger. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides in the absence of the Lieutenant Governor. 

COMMITTEE REFERRAL RECALL 

H.B. 1096, a bill to transfer responsibility for collecting the remainder of 
the gross premiums tax from the Department of Insurance to the Department of 



June 21, 1996 






1996] SENATE JOURNAL 247 

Revenue and to clarify related statutes, referred to the Appropriations Committee 
on June 18. 

Pursuant to Rule 47(b), Senator Perdue offers a motion the bill be taken from 
the Appropriations Committee and placed on today's Supplemental Calendar for 
consideration upon its passage, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
places it on a Supplemental Calendar for today for consideration upon its passage. 

H.B. 1258, a bill to authorize the University of North Carolina to retain the net 
proceeds from sale of the former residence of the Chancellor of Winston-Salem 
State University for application toward purchase of the successive residence for the 
Chancellor, referred to the Appropriations Committee on June 17. 

Pursuant to Rule 47(b), Senator Perdue offers a motion the bill be taken from 
the Appropriations Committee and placed on today's Supplemental Calendar for 
consideration upon its passage, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
places it on a Supplemental Calendar for today for consideration upon its passage. 

H.B. 1394, a bill to allow the Counties of Graham and Cherokee to acquire 
property for use by the County Board of Education, referred to the Appropri- 
ations Committee on June 20. 

Pursuant to Rule 47(b), Senator Perdue offers a motion the bill be taken from 
the Appropriations Committee and placed on a Supplemental Calendar for today 
for consideration upon its passage, which motions prevail with unanimous consent. 

The Chair orders the bill recalled from the Appropriations Committee and 
places it on today's Supplemental Calendar for consideration upon its passage. 

CALENDAR 

The bill on the Calendar, carried forward as unfinished business from 
Wednesday, June 19, is taken up and disposed of, as follows: 

S.B. 1292, a bill to clarify the maximum period of time a juvenile may be com- 
mitted in accordance with the Structured Sentencing Act as recommended by the 
Sentencing and Policy Advisory Commission, as amended. 

With unanimous consent, on motion of Senator Gulley, the bill, as amended, is 
recommitted to the Judiciary II/Election Laws Committee. 

RECALL FROM ENROLLING 

H.B. 1203 (Committee Substitute), a bill to allow the appointment in certain 
circumstances of precinct officials and ballot counters for a precinct who are not 
registered to vote in that precinct, ordered enrolled on June 20. 

Senator Gulley offers a motion to the end the Committee Substitute bill be 
recalled from the Enrolling Office for further consideration, which motion prevails. 

The Enrolling Clerk returns the Committee Substitute bill and the Chair lays it 
before the Senate. 

Senator Gulley offers a motion that the vote by which the Committee Substitute 
bill passed its third reading be reconsidered, which motion prevails (46-0), and the 
question becomes passage of the Committee Substitute bill upon its third reading. 



June 21, 1996 



248 SENATE JOURNAL [Second Session 

Senator Gulley offers Amendment No. 1 which is adopted (43-2), changing the 
title, upon concurrence, to read H.B. 1203 (Committee Substitute), a bill to allow 
the appointment in certain circumstances of precinct officials, observers, and ballot 
counters for a precinct who are not registered to vote in that precinct. 

The Committee Substitute bill, as amended, passes its third reading (46-0) and 
is ordered sent to the House of Representatives, for concurrence in Senate 
Amendment No. 1, by special messenger. 

CALENDAR (Continued) 

Bills on the Calendar, carried forward as unfinished business from Thursday, 
June 20, are taken up and disposed of, as follows: 

H.B. 1125, a bill to allow one-stop ballots to be directly inserted in optical scan 
tabulators in Wake County as if the ballots were being voted at the precinct, as 
amended, to read, upon concurrence, H.B. 1125, a bill to allow one-stop ballots 
to be directly inserted in optical scan tabulators in Wake and Durham Counties as 
if the ballots were being voted at the precinct, upon third reading. 

Senator Rand offers Amendment No. 2, to amend the bill as amended by 
Amendment No. 1, which is adopted (47-0), further changing the title, upon 
concurrence, to read H.B. 1125, a bill to allow one-stop ballots to be directly 
inserted in optical scan tabulators in various counties as if the ballots were being 
voted at the precinct. 

The bill, as amended, passes its third reading and is ordered sent to the House 
of Representatives, for concurrence in Senate Amendments No. 1 and No. 2, by 
special messenger. 

H.B. 1147, a bill to update the reference to the Internal Revenue Code used in 
defining and determining certain State tax provisions, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Rand, 
Sherron, Simpson, Soles, Speed, Warren, Webster, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 1345 (Committee Substitute), a bill to implement the recommendations of 
the Committee on Appropriations by establishing the percentage rates for the 
insurance regulatory charge and the public utility regulatory fee, upon third 
reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, 
Basnight, Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, 
Dannelly, Davis, East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, 
Hoyle, Jordan, Kerr, Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of 
Guilford, McDaniel, McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, 
Simpson, Soles, Speed, Warren, Webster, and Winner — 46. 



June 21, 1996 



: 



1996] SENATE JOURNAL 249 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

CONFERENCE REPORT 

S.B. 1139 (House Committee Substitute) 

Senator Winner for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon S.B. 1139 (Committee 
Substitute), a bill to implement the recommendation of the Joint Legislative 
Education Oversight Committee to implement the State Board of Education's 
ABC's plan in order to establish an accountability model for the public schools to 
improve student performance and increase local flexibility and control, to make 
conforming changes, and to make an appropriation, which House Committee Sub- 
stitute bill proposes to change the title, upon concurrence, to read S.B. 1139 
(House Committee Substitute), a bill to implement the recommendation of the 
Joint Legislative Education Oversight Committee to implement the State Board of 
Education's ABC's plan in order to establish an accountability model for the public 
schools to improve student performance and increase local flexibility and control, 
to make conforming changes, and to authorize the State Board of Education to 
expend funds for performance awards, submits for adoption the following report, 
which proposes to further change the title, upon adoption, to read S.B. 1139 
(House Committee Substitute), a bill to implement the recommendation of the 
Joint Legislative Education Oversight Committee to implement the State Board of 
Education's ABC's plan in order to establish an accountability model for the public 
schools to improve student performance and increase local flexibility and control, 
and to make conforming changes.: 

To: The President of the Senate 

The Speaker of the House of Representatives 

The conferees appointed to resolve the differences between the Senate and the 
House of Representatives on Senate Bill 1139, A BILL TO BE ENTITLED AN 
ACT TO IMPLEMENT THE RECOMMENDATION OF THE JOINT 
LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO IMPLEMENT 
THE STATE BOARD OF EDUCATION'S ABC'S PLAN IN ORDER TO 
ESTABLISH AN ACCOUNTABILITY MODEL FOR THE PUBLIC SCHOOLS 
TO IMPROVE STUDENT PERFORMANCE AND INCREASE LOCAL 
FLEXIBILITY AND CONTROL, TO MAKE CONFORMING CHANGES, AND 
TO AUTHORIZE THE STATE BOARD OF EDUCATION TO EXPEND 
FUNDS FOR PERFORMANCE AWARDS, Fifth Edition Engrossed 6/19/96, 
submit the following report: 

The Senate and House agree to the following amendments to the Fifth Edition 
Engrossed 6/19/96, and the Senate concurs in the Fifth Edition Engrossed 6/19/96 
as amended: 

on page 1, lines 7-9, by rewriting the lines to read as follows: 
"FLEXIBILITY AND CONTROL, AND TO MAKE CONFORMING 
CHANGES."; 

and on page 5, line 7, by adding at the end of the line the following new sentence: 
" This process shall provide for final resolution of the disputes. ": 



June 21, 1996 



250 SENATE JOURNAL [Second Session 

and on page 7, line 22, by inserting between the words " children " and " shall " the 
following phrase: 
" and funds allocated for driver's education ": 

and on page 7, lines 27-28, by inserting between the lines the following new 
subdivisions: 
"(6) Funds allocated for vocational education may be transferred only in accor- 
dance with any rules that the State Board of Education considers appropri- 
ate to ensure compliance with federal regulations. 
(7) Funds allocated for career development shall be used in accordance with 
Section 17.3 of Chapter 324 of the 1995 Session Laws. ": 

and on page 9, line 35, by inserting before the phrase "The principal" the follow- 
ing sentence " In order to improve student performance, each school shall develop 
a school improvement plan that takes into consideration the annual performance 
goal for that school that is set by the State Board under G.S. 115C-105.28. ": 

and on page 10, lines 18-20, by rewriting the lines to read: 

"Support among affected staff members is essential to successful implementation 
of a building level plan to address school and s tudent performance goals appropri - 
ate to a s chool: therefore, the school improvement plan to address improved stu- 
dent performance at that school. The principal of the school shall present the 
proposed"; 

and on page 10, lines 38-42, by rewriting the lines to read: 

" improvement plan is accepted for a school before March 15 of the fi s cal year 
preceding the fiscal year in which participation is sought, within 60 days after its 
initial submission to the local board, the school or the local board may ask to use 
the process to resolve disagreements recommended in the guidelines developed by 
the State Board under G.S. 115C-105.20(b)(5). If this request is made, both the 
school and local board shall participate in the process to resolve disagreements. If 
there is no request to ": 

and on page 11, line 5, by rewriting the line to read: 

" or appropriate. If. at any time, any part of a school improvement plan becomes 
unlawful or the local board finds that a school improvement plan is impeding 
student performance at a school, the local board may vacate the relevant portion 
of the plan and may direct the school to revise that portion. The procedures set 
out in this subsection shall apply to amendments and revisions ": 

and on page 18, lines 33-34, by inserting between the lines the following new 
sentence: 

" If an assistance team determines that an accepted school improvement plan 
developed under G.S. 115C-105.22 is impeding student performance at a school, 
the team may recommend to the local board that it vacate the relevant portions of 
that plan and direct the school to revise those portions. ": 

and on page 18, line 41-43, by rewriting the lines to read: 

" (a) Upon the identification of a school as low-performing under this Part, the 
State Board shall proceed under G.S. 115C-325(q)(l) for the dismissal of the 
principal assigned to that school. ": 



June 21, 1996 



1996] SENATE JOURNAL 251 

and on page 19, line 1, by rewriting the line to read: 

" (h) The State Board shall proceed under G.S. 115C-325(q)(2) for the dismissal 
of teachers, assistant ": 

and on page 21, line 14, by inserting after the word " measure ", the following: 
" that are adequate to determine the appropriate placement of the child ": 

and on page 21, lines 19-21, by rewriting the lines to read: 
" law, the State Board: 

tL Shall suspend with pay a principal who has been assigned to a school 
for more than two years before the State Board identifies that school 
as low-performing and assigns an assistance team to that school 
under Article 8B of this Chapter: and 
K May suspend with pay a principal who has been assigned to a school 
for no more than two years before the State Board identifies that 
school as low-performing and assigns an assistance team to that 
school under Article 8B of this Chapter. 
These pri ncipals shall"; 

and on page 21, line 37, through page 22, line 9, by rewriting the lines to read: 
law, this subdivision shall govern the State Board's dismissal of teachers, assistant 
principals, directors, and supervisors assigned to schools that the State Board has 
identified as low-performing and to which the State Board has assigned an assis- 
tance team under Article 8B of this Chapter. The State Board shall dismiss a 
teacher, assistant principal, director, or supervisor when the State Board receives 
two consecutive evaluations that include written findings and recommendations 
regaling that person's inadequate performance from the assistance team. These 
findings and recommendations shall be substantial evidence of the inadequate per- 
formance of the teacher or school administrator. 

The State Board may dismiss a teacher, assistant principal, director, or super- 
visor when: 
<L The State Board determines that the school has failed to make satisfactory 
improvement after the State Board assigned an assistance team to that 
school under G.S. 115C-105.31: and 
ht That assistance team makes the recommendation to dismiss the teacher, 
assistant principal, director, or supervisor for one or more grounds estab- 
lished in G.S. 115C-325(e)(l) for dismissal or demotion of a career 
teacher. 
A teacher, assistant principal, director, or supervisor may request a hearing 
before a panel of three members of the State Board within 30 days of any dis- 
missal und er this subdivision. The State Board shall adopt procedures to ": 

and on page 22, line 12, by deleting the phrase " local board " and by substituting 
the phrase " State Board ": 

and on page 22, line 21, by rewriting the line to read: 
" damages under this subsection. 

(5) The State Board shall have the right to subpoena witnesses and documents 
on behalf of any party to the proceedings under this subsection. '": 



June 21, 1996 



252 SENATE JOURNAL [Second Session 

and beginning on page 22, line 22, through page 24, line 19, by rewriting the lines 
to read as follows: 

"Section 8.1. The State Board of Education shall develop a comprehensive 
plan to improve reading achievement in the public schools. The plan shall be fully 
integrated with State Board plans to improve student performance and promote 
local flexibility and efficiency. The plan shall be based on reading instructional 
practices for which there is strong evidence of effectiveness in existing empirical 
scientific research studies on reading development. The plan shall be developed 
with the active involvement of teachers, college and university educators, parents of 
students, and other interested parties. The plan shall, if appropriate, include revi- 
sion of the standard course of study, revision of teacher certification standards, and 
revision of teacher education program standards. 

Sec. 8.2. The State Board of Education shall critically evaluate and revise 
the standard course of study so as to provide school units with guidance in the 
implementation of balanced, integrated, and effective programs of reading instruc- 
tion. The General Assembly believes that the first, essential step in the complex 
process of learning to read is the accurate pronunciation of written words and that 
phonics, which is the knowledge of relationships of the symbols of the written 
language and the sounds of the spoken language, is the most reliable approach to 
arriving at the accurate pronunciation of a printed word. Therefore, these pro- 
grams shall include early and systematic phonics instruction. The State Board shall 
provide opportunities for teachers, parents, and other interested parties to partici- 
pate in this evaluation and revision. 

Sec. 8.3. In order to reflect changes to the standard course of study and 
to emphasize balanced, integrated, and effective programs of reading instruction 
that include early and systematic phonics instruction, the State Board of Education, 
in collaboration with the Board of Governors of The University of North Carolina 
and with the North Carolina Association of Independent Colleges and Universities, 
shall review, evaluate, and revise current teacher certification standards and teacher 
education programs within the institutions of higher education that provide course- 
work in reading instruction. 

Sec. 8.4. Local boards of education are encouraged to review and revise 
existing board policies, local curricula, and programs of professional development 
in order to reflect changes to the standard course of study and to emphasize 
balanced, integrated, and effective programs of reading instruction that include 
early and systematic phonics instruction. 

Sec. 8.5. (a) The State Board of Education shall report to the Joint Legis- 
lative Education Oversight Committee by December 31, 1996, and annually there- 
after on the comprehensive plan developed under Section 1 of this act. The first 
report shall include revisions made to the standard course of study, teacher certifi- 
cation standards, and teacher education programs. Subsequent reports shall 
address the effectiveness, based on factors including improved student performance 
in reading, of the implementation of the plan. The State Board may make recom- 
mendations to the General Assembly in any of its reports. 

(b) The State Board shall disseminate to local boards of education by March 31, 
1997, the changes to the standard course of study."; 

and by renumbering the following sections accordingly; 

and on page 25, lines 16-28, by rewriting the lines to read: 



June 21, 1996 



1996] SENATE JOURNAL 253 

" followed by community media advisory committees. ": 

and on page 27, line 17, 

by rewriting the line to read: 

" G.S. 115C 522(a) G.S. 115C-522fa;> and 115C-528. ": 

and on page 27, line 31, by deleting the phrase " G.S. 115C-529 ". and substituting 
the phrase " G.S. 115C-528 ": 

and on page 27 lines 35-36, by rewriting the lines to read: 

"approval of the Department of Administration. Title to instructional supplies, 

office supplies, fuel and janitorial"; 

and on page 27, line 43, by deleting the phrase " G.S. 115C-529 " and substituting 
the phrase " G.S. 115C-528 ": 

and on page 28, lines 4-27, by rewriting the lines to read: 

"Sec. 14. Article 37 of Chapter 115C is amended by adding a new section 
to read: 
'§ 115C-528. Lease purchase and installment purchase contracts for certain ": 

and on page 29, lines 31, 33, and 35, by deleting the phrase "115C-529" each time 
it appears and substituting the phrase "115C-528"; 

and on page 29, lines 41-42, by inserting between the lines a new section to read: 
"Sec. 15.1. (a) The State Board of Education shall develop and implement a 
pilot program allowing selected local school administrative units to purchase sup- 
plies, equipment, and materials from noncertified sources. In developing the pro- 
gram, the State Board shall collaborate with the Department of Administration on 
establishing standards, specifications, and any other measures necessary to imple- 
ment and evaluate the pilot program. The State Board shall initially select twelve 
(12) local school administrative units that are diverse in geography and size to 
participate in the pilot program. If the State Board thereafter determines that the 
pilot program is effective, efficient, and in the best interest of the public schools, 
the State Board shall have the authority to expand the pilot program to additional 
local school administrative units. 

(b) Local school administrative units participating in the pilot program shall have 
the authority to purchase the same supplies, equipment, and materials from non- 
certified sources as are available under State term contracts, subject to the follow- 
ing conditions: 

(1) The purchase price, including the cost of delivery, is less than the cost 
under the State term contract; 

(2) The cost of the purchase shall not exceed the bid value benchmark 
established under G.S. 143-53.1; 

(3) The local school administrative unit documents in writing the cost sav- 
ings; and 

(4) The local school administrative unit shall provide annually by August 15 
an itemized report of the cost savings to the State Board of Education. 

(c) The requirements listed in subsection (b) of this section shall not apply to 
purchases from noncertified sources that fall below the economic ordering quantity 
of a State term contract. 



June 21, 1996 



254 SENATE JOURNAL [Second Session 

(d) The State Board of Education shall provide to the Department of Adminis- 
tration copies of the itemized annual reports produced by the local school adminis- 
trative units participating in the pilot program. The State Board shall evaluate the 
information provided by the participating units and shall report its findings and 
recommendations to the Joint Legislative Education Oversight Committee by 
October 1, 1997, and annually thereafter."; 

and on page 30, line 8, by deleting the word " annual " and substituting the word 
"the"; 

and on page 30, line 9, by inserting after the phrase "G.S. 115C-325(a)(6)", the 

following sentence: 

" All teachers shall be evaluated annually unless a local board adopts rules that 

allow specified categories of teachers with career status to be evaluated less 

frequently ."; 

and on page 36, lines 13-15, by rewriting the lines to read: 
"expenditures or revenues of a unit of local government under G.S. 150B-21.4(b). 
The notice shall state that a copy of the fiscal note may be obtained from the 
State Board."; 

and on page 36, line 16, by deleting the phrase "11-15" and substituting 
"11-15.1"; 

and on page 36, line 41 through page 37, line 6, by deleting the lines; 

and by renumbering the remaining sections accordingly; 

and on page 38, line 4, by rewriting the line to read: 
"Sec. 32. (a) Section 15.1 of this act becomes"; 

and on page 38, line 7, by rewriting the lines to read: 
"(b) The". 

The conferees recommend that the Senate and the House of Representatives 
adopt this report. 

Date conferees approved report: June 21, 1996. 

S/Leslie Winner S/Robert Grady 

S/J. Clark Plexico S/Jean Preston 

S/Fletcher L. Hartsell, Jr. S/R. Eugene Rogers 

Steve Wood 

Rick Eddins 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Winner, the Conference Report is adopted (47-0) chang- 
ing the title, and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

CALENDAR (June 20 Unfinished Business Continued) 

S.B. 1188 (Committee Substitute), a bill to establish the offenses of trespass on 
pine straw production land and larceny of pine straw. 



June 21, 1996 



1996] SENATE JOURNAL 255 

With unanimous consent, the Committee Substitute bill is taken up out of its 
regular order of business. 

The Committee Substitute bill passes its second (45-1) and third readings and is 
ordered sent to the House of Representatives by special messenger. 

S.B. 192 (Committee Substitute), a bill to exempt from sales and use tax vita- 
mins and nutritional supplements dispensed by chiropractic physicians. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives by special messenger. 

S.B. 1344, a bill to amend the laws governing Employee Insurance Committees. 
The bill passes its second (45-0) and third readings and is ordered sent to the 
House of Representatives by special messenger. 

H.B. 9 (Senate Committee Substitute), a bill to expedite the postconviction 
process in North Carolina. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to the President of 
the Senate, Lieutenant Governor Wicker, who presides. 

The Senate Committee Substitute bill passes its second (48-1) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger. 

H.B. 934 (Senate Committee Substitute), a bill to make clarifying, conforming, 
and technical changes to various laws relating to environment, health, and natural 
resources and related laws. 

The Senate Committee Substitute bill passes its second (42-2) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger. 

H.B. 1086 (Senate Committee Substitute), a bill to make technical corrections in 
the 1995 workers' compensation insurance loss costs rating laws. 

The Senate Committee Substitute bill passes its second (43-0) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger. 

H.B. 1199 (Committee Substitute), a bill to revise the definition of nonfleet 
motor vehicle to allow flexibility for the number of automobiles that may be 
written under a personal automobile insurance policy as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted, changing 
the title, upon concurrence, to read H.B. 1199 (Committee Substitute), a bill to 
revise the definition of nonfleet motor vehicle to allow flexibility for the number of 
automobiles that may be written under a personal automobile insurance policy as 
recommended by the Legislative Research Commission's Committee on Insurance 
and Insurance-Related Issues and to provide that there are no reinsurance facility 
recoupment surcharge or safe driver incentive plan surcharges for certain accidents 
occurring during responses to emergencies. 

The Committee Substitute bill, as amended, passes its second (45-0) and third 
readings and is ordered sent to the House of Representatives, for concurrence in 
Senate Amendment No. 1, by special messenger. 



June 21, 1996 



256 SENATE JOURNAL [Second Session 

H.B. 1135, a bill to repeal the statute which named "New Road" in Craven 
County, changing the title, upon concurrence to read H.B. 1135 (Senate Com- 
mittee Substitute), a bill to repeal the statute which named "New Road" in Craven 
County, to authorize Craven County to levy an additional room occupancy tax, and 
to revise the existing Craven County room occupancy tax, on today's Calendar, 
upon third reading. 

With unanimous consent, on motion of Senator Perdue, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

The Senate Committee Substitute bill passes its third reading by roll-call vote, 
ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Ballantine, Blackmon, 
Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Hoyle, Jordan, Kerr, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Parnell, Perdue, Plexico, Rand, Shaw, Sherron, Simpson, Soles, Speed, 
Warren, Webster, and Winner— 43. 

Voting in the negative: Senator Page — 1. 

The Senate Committee Substitute bill is ordered sent to the House of 
Representatives, for concurrence in the Senate Committee Substitute bill by special 
messenger. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled and they are 
duly ratified and sent to the Office of the Secretary of State: 

H.B. 1080 (Committee Substitute), an act to make fox hunting in Currituck 
County consistent with the regulations of the Wildlife Resources Commission by 
repealing the law authorizing fox hunting in certain portions of Currituck County 
at all times of the year. (Ch. 627) 

H.B. 1270 (Senate Committee Substitute), an act to prohibit hunting from the 
right-of-way of Powell Road in Craven County and to prohibit hunting from the 
right-of-way of public roads in Northampton County. (Ch. 628) 

H.B. 1372 (Senate Committee Substitute), an act to confirm that Stanly County 
may purchase and convey property to the State of North Carolina for use as a 
correctional facility and to delay the effective date of the law requiring the register 
of deeds to comply with minimum indexing standards for land records management 
in Brunswick County. (Ch. 629) 

H.B. 1376 (Committee Substitute), an act to remove the bag limits on the trap- 
ping of raccoons in Beaufort, Hyde, and Pamlico Counties. (Ch. 630) 

H.B. 1100 (Senate Committee Substitute), an act to implement the recommenda- 
tion of the School Capital Construction Study Commission to authorize the 
issuance of general obligation bonds of the State, subject to a vote of the qualified 
voters of the State, to provide funds for grants to counties for public school capital 
outlay projects, in order to promote equity in local school facilities across the State 
and to enable local governments to give local property tax relief, and to ensure 



June 21, 1996 



1996] SENATE JOURNAL 257 

that certain grants for school facility needs continue to be made in accordance with 
the 1988 priority list. (Ch. 631) 

H.B. 207 (Committee Substitute), an act to make it a felony offense to solicit a 
child by means of computer to commit an unlawful sex act. (Ch. 632) 

H.B. 1077 (Senate Committee Substitute), an act to make various changes in the 
marine fisheries laws and to create a Scientific Advisory Council. (Ch. 633) 

H.B. 1149 (Senate Committee Substitute), an act to change the requirements 
pertaining to physician licensing and registration with the North Carolina Medical 
Board. (Ch. 634) 

H.B. 1268 (Senate Committee Substitute), an act to expedite disposal of 
unclaimed vehicles by towing and storage businesses. (Ch. 635) 

H.B. 1395, an act to allow for initiative, referendum, and recall in the Town of 
River Bend and to delay the effective date of the law requiring the register of 
deeds to comply with minimum indexing standards for land records management in 
Brunswick County. (Ch. 636) 

S.B. 1221, an act relating to sales of seized, unclaimed property by the City of 
Winston-Salem. (Ch. 637) 

S.B. 1222, an act amending the Charter of the City of Winston-Salem relating to 
the sale of property. (Ch. 638) 

S.B. 1223, an act relating to the daily deposit of collections and receipts by the 
City of Winston-Salem. (Ch. 639) 

S.B. 1365, an act concerning modification of the municipal limits between the 
City of Raleigh and the Town of Garner. (Ch. 640) 

S.B. 1378, an act authorizing Durham County to enter into contracts to construct 
sidewalks within the County's jurisdiction. (Ch. 641) 

S.B. 1385, an act to authorize the Durham City Council to determine the 
number of regular meetings of the City Council to be held each month. (Ch. 642) 

S.B. 1397, an act to incorporate the Village of Sloop Point in Pender County. 
(Ch. 643) 

S.B. 878, an act to authorize certain airport boards and commissions to own, 
operate, and finance the purchase and improvement of water and wastewater 
systems. (Ch. 644) 

S.B. 1094, an act to increase certain fees under the Nursing Home Administrator 
Act. (Ch. 645) 

S.B. 1178 (Committee Substitute), an act to make technical and conforming 
changes to the revenue laws and related statutes and to allow the voluntary with- 
holding of income tax from unemployment compensation payments. (Ch. 646) 



June 21, 1996 



258 SENATE JOURNAL [Second Session 

S.B. 1198, an act to clarify the requirements concerning imports and exports of 
motor fuel under the "tax at the rack" laws and to make other adjustments to 
those laws. (Ch. 647) 

S.B. 1317, an act to provide for the continued solvency of the Commercial 
Leaking Petroleum Underground Storage Tank Cleanup Fund and to make other 
changes to the Leaking Petroleum Underground Storage Tank Cleanup Program, as 
recommended by the Environmental Review Commission. (Ch. 648) 

S.B. 1239, an act to exempt from sales and use tax free samples of prescription 
drugs distributed by the manufacturer. (Ch. 649) 

With unanimous consent, the President grants leaves of absence as necessary after 
3:22 P.M. to Senator Odom, Senator Perdue, and Senator Plyler for the purpose of 
conferring with Members of the House of Representatives on H.B. 1108 (Senate 
Committee Substitute), a bill to modify the Continuation Budget Operations Appropri- 
ations Act of 1995, and the Expansion and Capital Improvements Appropriations Act 
of 1995, and to make other changes in the budget operation of the State, to resolve 
the differences between the Senate and the House of Representatives. 

CALENDAR (June 20 Unfinished Business Continued) 

H.B. 1201 (Committee Substitute), a bill to provide that insurers are not 
required to obtain written consent to rate on each policy renewal as recommended 
by the Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered enrolled. 

H.B. 1202 (Committee Substitute), a bill to conform the law governing small 
employer health benefit plans to 1995 legislation as recommended by the Legisla- 
tive Research Commission's Committee on Insurance and Insurance-Related Issues 
and to clarify the applicability of certain medical underwriting provisions. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered enrolled. 

S.B. 821, a bill to amend the definition of preneed funeral funds, for concur- 
rence in the House Committee Substitute bill, which changes the title, upon con- 
currence, to read S.B. 821 (House Committee Substitute), a bill to clarify the law 
relating to the preneed sales of funeral merchandise. 

Without objection, Senator Jordan is excused from voting for the stated reason 
"funeral director." 

The Senate concurs in the House Committee Substitute bill (44-0) and the 
measure is ordered enrolled. 

H.B. 1102, a bill to implement the recommendation of the School Capital 
Construction Study Commission to direct the State Board of Education and the 
Local Government Commission to modify their accounting and reporting systems 
to allow tracking of local expenditures in schools' capital outlay funds, to direct the 
State Board of Education to develop a uniform system for schools to develop 



June 21, 1996 



1996] SENATE JOURNAL 259 

five-year capital needs plans, and to amend the School Budget and Fiscal Control 
Act. 
The bill passes its second (46-0) and third readings and is ordered enrolled. 

H.B. 1413, a bill to allow Mecklenburg County to acquire property for a magnet 
technical high school for use by its County Board of Education, upon second 
reading. 

Senator Shaw offers Amendment No. 1. 

The Chair rules the bill does not require a call of the roll. 

On motion of Senator Winner, the Chair orders, without objection, the bill 
temporarily displaced, with Amendment No. 1 pending. 

H.B. 779 (Committee Substitute), a bill to create the North Carolina Board of 
Employee Assistance Professionals and to provide for the licensing of employee 
assistance professionals, upon second reading. 

On motion of Senator Kerr, Committee Amendment No. 1 is adopted. 

The Chair rules the Committee Substitute bill, as amended, does not require a 
call of the roll. 

Senator Kerr calls the previous question, seconded by Senator Hoyle. The call 
is sustained. 

The Committee Substitute bill, as amended, passes its second (24-21) and third 
readings and is ordered sent to the House of Representatives, for concurrence in 
Senate Amendment No. 1 by special messenger. 

H.B. 1413, a bill to allow Mecklenburg County to acquire property for a magnet 
technical high school for use by its County Board of Education, temporarily dis- 
placed earlier, with Amendment No. 1 pending. 

Following discussion, the Chair orders, without objection, the bill temporarily 
displaced, with Amendment No. 1 pending. 

S.B. 1324 (Committee Substitute), a bill to make changes in the Administrative 
Procedure Act, to make changes in various laws granting the power to adopt rules, 
and to clarify the requirements concerning certain removals of underground 
storage tanks, as recommended by the Administrative Procedure Oversight 
Committee. 

Senator Sherron offers Amendment No. 1. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, 
who presides. 

Amendment No. 1 , offered by Senator Sherron is adopted (43-3) (See Addendum). 

The Chair announces the voting equipment is inoperative. 

The Committee Substitute bill, as amended, passes its second and third readings 
and is ordered sent to the House of Representatives by special messenger without 
engrossment of Amendment No. 1. 

S.B. 1297 (Committee Substitute), a bill to provide for mandatory conditions of 
probation for sex offenders and persons convicted of offenses involving physical, 
mental, or sexual abuse of children, upon third reading. 

Senator Odom offers Amendment No. 1. 

Following debate, Senator Odom offers a motion further consideration of the 
Committee Substitute bill, with Amendment No. 1 pending, be postponed until the 



June 21, 1996 



260 SENATE JOURNAL [Second Session 

last order of business on tomorrow's Calendar which motion he subsequently with- 
draws. 

The Chair announces Senator Plyler and Senator Perdue are in the Chamber and 
the leave of absence granted previously is withdrawn. 

Amendment No. 1, offered by Senator Odom, is adopted (34-11). 

The Chair announces the voting equipment is inoperative. 

The Committee Substitute bill, as amended, passes its third reading and is 
ordered sent to the House of Representatives by special messenger, without 
engrossment of Amendment No. 1. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 855 House of Representatives 

(House Committee Substitute No. 2) June 21, 1996 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in 
House Committee Substitute for SB 855, A BILL TO BE ENTITLED AN 
ACT TO AUTHORIZE PUBLIC HOSPITALS TO DEVELOP VARIOUS 
MANAGED CARE ORGANIZATIONS AND MANAGED CARE PRODUCTS 
WITH PROVIDERS AND INSURERS AND TO AMEND THE PUBLIC 
RECORDS LAW, the Speaker has appointed as conferees on the part of the 
House, 

Representative Morgan, 

Representative Neely, 

Representative Hill, and 

Representative Edwards, 
to act with a like committee on the part of the Senate to the end that the 
difference existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

CONFERENCE REPORT 

S.B. 855 (House Committee Substitute No. 2) 

Senator Cooper for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon S.B. 855, a bill to 
authorize public hospitals to develop preferred provider organizations, health main- 
tenance organizations, and managed care products with providers and insurers, 
which House Committee Substitute bill No. 2 proposes to change the title, upon 
concurrence, to read S.B. 855 (House Committee Substitute No. 2), a bill to autho- 
rize public hospitals to develop various managed care organizations and managed 
care products with providers and insurers, to amend the Public Records Law, and 
to provide a health care personnel registry, submits the following report for 
adoption: 



June 21, 1996 



1996] SENATE JOURNAL 261 

To: The President of the Senate 

The Speaker of the House of Representatives 

The conferees appointed to resolve the differences between the Senate and the 
House of Representatives on Senate Bill 855, A BILL TO BE ENTITLED AN 
ACT TO AUTHORIZE PUBLIC HOSPITALS TO DEVELOP VARIOUS 
MANAGED CARE ORGANIZATIONS AND MANAGED CARE PRODUCTS 
WITH PROVIDERS AND INSURERS, TO AMEND THE PUBLIC RECORDS 
LAW, AND TO PROVIDE A HEALTH CARE PERSONNEL REGISTRY, 
House Committee Substitute #2 Favorable 6/19/96, submit the following report: 

The House and Senate agree to the following amendments to the House 
Committee Substitute, House Committee Substitute #2 Favorable 6/19/96, and the 
Senate concurs in the House Committee Substitute #2 as amended: 

on page 2, lines 1 through 3, by rewriting those lines to read: 
" The financial terms or other competitive health care information in a contract 
related to the provision of health care between a hospital and a managed care 
organization, insurance company, employer, or other payer is confidential and not 
a public record under Chapter 132 of the General Statutes. '": 

and on page 2, lines 4-9, by deleting those lines and renumbering the remaining 
sections accordingly; 

and on page 4, line 28, by adding the following sentence at the end of said line: 

"Section 2 of this act expires June 1, 1997." 

The conferees recommend that the Senate and the House of Representatives 
adopt this report. 

Date conferees approved report: June 21, 1996. 

S/Roy Cooper S/Richard T Morgan 

S/R. C. Soles, Jr. S/Charles Neely 

S/Charlie Dannelly S/Dewey Hill 

S/Zeno Edwards 

Conferees for the Senate Conferees for the 

House of Representatives 






On motion of Senator Cooper, the Conference Report is adopted changing the 
title and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

CALENDAR (Unfinished Business Continued) 
(June 20 Supplemental Calendar) 

H.B. 1280 (Committee Substitute), a bill to recodify the statute establishing liens 
on insurance proceeds to secure child support and to provide that such liens are 



June 21, 1996 



262 SENATE JOURNAL [Second Session 

subordinate to liens arising under Article 9 of Chapter 44 of the General Statutes 
and to other health care provider claims. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1413, a bill to allow Mecklenburg County to acquire property for a magnet 
technical high school for use by its County Board of Education, temporarily 
displaced earlier, with Amendment No. 1 pending. 

With unanimous consent, Senator Shaw withdraws Amendment No. 1. 

The bill passes its second and third readings and is ordered enrolled. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to the President of 
the Senate, Lieutenant Governor Wicker, who presides. 

H.B. 1144 (Committee Substitute), a bill to create the Butner Advisory Council 
and to enumerate its duties. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1328, a bill to abolish the Sanford Golf Commission. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1388, a bill to amend the law regarding the City of Wilson Firemen's 
Supplemental Retirement Fund. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1417, a bill relating to disclosure of business interest in Guilford County. 

On motion of Senator Perdue, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to 
the House of Representatives, for concurrence in Senate Amendment No. 1, by 
special messenger. 

H.B. 1421, a bill to provide for the election of the Board of Education of the 
Mount Airy City School Administrative Unit. 
The bill passes its second and third readings and is ordered enrolled. 

S.B. 1273 (Committee Substitute), a bill to implement the recommendation of 
the performance audit of the Division of Motor Vehicles of the Department of 
Transportation to eliminate the position of Commissioner of Motor Vehicles. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives by special messenger. 

S.B. 1298 (Committee Substitute), a bill to amend the penalties that may be 
imposed for violations relating to motor vehicle emissions inspections based on 
whether the vehicle was intentionally improperly passed and to provide for notice 
and hearing prior to suspension or revocation, as recommended by the Environ- 
mental Review Commission. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered sent to the House of Representatives by special messenger. 



June 21, 1996 



1996] SENATE JOURNAL 263 

H.B. 1122, a bill to allow Swain County to employ attachment or garnishment 
and to obtain a lien for ambulance services, upon second reading. 
The Chair rules the bill does not require a call of the roll. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1141, a bill to allow the Division of Motor Vehicles to use different color 
boarders to distinguish the age of license holders, thereby making it easier to issue 
duplicate licenses by mail when the photograph on the original license is a 
digitized image. 

The bill passes its second (40-0) and third readings and is ordered enrolled. 

H.B. 1172 (Committee Substitute), a bill to transfer the Rail Safety Section from 
the Utilities Commission to the Department of Transportation and to direct the 
Secretary of Transportation to study the need for continuation of the Rail Safety 
Inspection Program. 

The Committee Substitute bill passes its second (39-0) and third readings and is 
ordered enrolled. 

H.B. 1187, a bill to permit the local boards of education in certain counties to 
schedule longer school days so as to offset days lost due to inclement weather. 

Without objection, the bill is taken up out of its regular order of business. 

On motion of Senator Plexico, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to 
the House of Representatives, for concurrence in Senate Amendment No. 1, by 
special messenger. 

H.B. 1208, a bill to permit the local boards of education in certain counties to 
schedule longer school days so as to offset days lost due to inclement weather. 

With unanimous consent, the bill is taken up out of its regular order of business. 

On motion of Senator Plexico, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to 
the House of Representatives, for concurrence in Senate Amendment No. 1, by 
special messenger. 

With unanimous consent, the following local bills are taken up out of the regular 
order of business: H.B. 1210, H.B. 1212, H.B. 1231, H.B. 1309, H.B. 1342, 
H.B. 1375, and H.B. 1379: 

H.B. 1210, a bill clarifying the distribution of profits from the operation of the 
Dare County Alcoholic Beverage Control Board. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1212, a bill to amend the Charter of the City of Greensboro with respect 
to settlement of claims. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1231, a bill to include the Counties of Alleghany, Surry, and Watauga 
among those Counties that require consent of the Board of County Commissioners 
before land may be condemned or acquired by a unit of local government outside 
the County. 

The bill passes its second and third readings and is ordered enrolled. 



June 21, 1996 



264 SENATE JOURNAL [Second Session 

H.B. 1309 (Committee Substitute), a bill to add Avery County to those counties 
making it unlawful to remove or destroy electronic collars on dogs. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1342, a bill to provide that the Cumberland County Board of Commis- 
sioners must fill a vacancy with the person nominated by the appropriate political 
party if the nomination is made on a timely basis. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1375 (Committee Substitute), a bill to modify the manner of election of the 
Whiteville City Board of Education. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1379, a bill to ratify an agreement between the Iredell-Statesville Schools 
Board of Education and the Mooresville Graded School District Board of 
Education, upon second reading. 

The Chair rules the bill requires a call of the roll. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, 
Blackmon, Blust, Carpenter, Carrington, Clark, Cochrane, Cooper, Davis, East, 
Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kincaid, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Perdue, Plexico, Plyler, Rand, Sherron, Simpson, 
Soles, Speed, Warren, Webster, and Winner — 44. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for the next legislative day, for 
further consideration, upon third reading. 

H.B. 1401, a bill amending the Charter of the City of Fayetteville regarding 
zoning hearings, on today's Calendar. 

With unanimous consent, on motion of Senator Edwards, the bill is taken up out 
of its regular order of business. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1400, a bill establishing the Harmon Field Board of Supervisors for admin- 
istration of Harmon Field located in Polk County, on today's Calendar. 

With unanimous consent, on motion of Senator Carpenter, the bill is taken up 
out of its regular order of business, and on his further motion is recommitted to 
the Local Government and Regional Affairs Committee. 

RECALL FROM ENROLLING 

H.B. 1375 (Committee Substitute), a bill to modify the manner of election of the 
Whiteville City Board of Education, ordered enrolled, earlier today. 

Senator Soles offers a motion to the end the Committee Substitute bill be 
recalled from Enrolling for further consideration, which motion prevails, and a 
message is ordered sent to the Enrolling Office informing that Office of such 
action and requesting the return of the Committee Substitute bill. 



June 21, 1996 



1996] SENATE JOURNAL 265 

CALENDAR (Continued) 

H.B. 1097, a bill to permit the City of Brevard to convey certain parcels of real 
property to former owners or adjoining owners with or without consideration, on 
today's Calendar, upon third reading. 

With unanimous consent, the bill is taken up out of its regular order of business. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Blackmon, 
Blust, Carpenter, Carrington, Clark, Cochrane, Conder, Cooper, Dannelly, Davis, 
East, Edwards, Forrester, Foxx, Gulley, Hartsell, Hobbs, Horton, Hoyle, Jordan, 
Kerr, Ledbetter, Little, Lucas, Martin of Pitt, Martin of Guilford, McDaniel, 
McKoy, Odom, Page, Parnell, Plexico, Plyler, Rand, Sherron, Simpson, Soles, 
Speed, Warren, Webster, and Winner — 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 296, a bill to provide that the laws relating to motor vehicles apply within 
the Lake Royale Community in Franklin and Nash Counties, on today's Calendar, 
for concurrence in the House Committee Substitute bill, which changes the title, 
upon concurrence, to read S.B. 296 (House Committee Substitute), a bill to 
provide that the laws relating to motor vehicles apply within the Lake Royale 
Community in Franklin and Nash Counties, subject to a finding by a majority of 
the freeholders in the Lake Royale Community. 

With unanimous consent, the House Committee Substitute bill is taken up out of 
its regular order of business. 

Senator Speed offers a motion the Senate fail to concur in the House Com- 
mittee Substitute bill and further moves conferees not be requested, which motions 
prevail. The measure lies upon the table. 

A message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages received from the House of Representatives transmitting bills 
for concurrence are presented to the Senate, read, and disposed of, as follows: 

S.B. 1393 (House Committee Substitute), a bill to clarify the status of certified 
employees of the Mecklenburg County and Catawba County Sheriffs' Offices for 
eligibility for benefits afforded to law enforcement officers through the North 
Carolina Local Governmental Employees' Retirement System, for concurrence in 
the House Committee Substitute bill. 

On motion of Senator Rand, the rules are suspended, without objection, and the 
House Committee Substitute bill is placed before the Senate for immediate 
consideration. 

The Senate concurs in the House Committee Substitute bill (39-0) and the 
measure is ordered enrolled. 

S.B. 1244, a bill to grant the Town of Wallace a temporary exemption from the 
total amount of noncontiguous territory that may be annexed, for concurrence in 
the House Committee Substitute bill, which changes the title, upon concurrence, to 



June 21, 1996 



266 SENATE JOURNAL [Second Session 

read S.B. 1244 (House Committee Substitute), a bill to exclude the Wallace Air- 
port from consideration as a satellite area in determining the total noncontiguous 
territory that the Town of Wallace may annex. 

On motion of Senator Rand, the rules are suspended, without objection, and the 
House Committee Substitute bill is placed before the Senate for immediate consid- 
eration. 

The Chair rules the House Committee Substitute bill not a material amendment. 

The Senate concurs in the House Committee Substitute bill (39-0) and the 
measure is ordered enrolled. 

S.B. 323, a bill to provide that observers at a precinct's voting place need not be 
registered voters in that precinct but shall be registered voters in the county, for 
concurrence in the House Committee Substitute bill No. 2, which changes the title, 
upon concurrence, to read S.B. 323 (House Committee Substitute No. 2), a bill to 
provide that observers at a precinct's voting place need not be registered voters in 
that precinct but shall be registered voters in the county and to amend the law 
governing access to voter registration information. 

On motion of Senator Rand, the rules are suspended, without objection, and 
House Committee Substitute bill No. 2 is placed before the Senate for immediate 
consideration. 

The Chair rules the House Committee Substitute bill No. 2 not a material 
amendment. 

The Senate concurs in the House Committee Substitute bill No. 2 (43-0) and 
the measure is ordered enrolled. 

S.B. 208 (House Committee Substitute), a bill to make technical and clarifying 
amendments as recommended by the Sentencing Commission, for concurrence in 
the House Committee Substitute bill. 

On motion of Senator Rand, the rules are suspended, without objection, and the 
House Committee Substitute bill is placed before the Senate for immediate consid- 
eration. 

Senator Rand offers a motion to the end the House Committee Substitute bill 
be recommitted to the Judiciary II/Election Laws Committee, which motion pre- 
vails. The Chair orders the measure recommitted to the Judiciary II/Election 
Laws Committee. 

CALENDAR (Unfinished Business Continued) 
(June 20 Supplemental Calendar) 

S.B. 709, a bill to validate certain actions of Columbus County Water and Sewer 
District I, for concurrence in the House Committee Substitute bill No. 3, which 
changes the title, upon concurrence, to read S.B. 709 (House Committee Substitute 
No. 3), a bill to allow the consolidation of human services by counties, to make 
provisions relative to the State and federal funding streams for consolidated human 
services functions, to provide that the membership of a consolidated human 
services board shall be appointed solely by the Board of County Commissioners, 
and to change the status of county employees of a consolidated county human 
services agency with regard to their coverage under the State Personnel Act, placed 
earlier on the Supplemental Calendar for today. 

On motion of Senator Kincaid, with unanimous consent, House Committee 
Substitute bill No. 3 is taken up out of its regular order of business. 



June 21, 1996 



1996] SENATE JOURNAL 267 

The Senate concurs in the House Committee Substitute bill No. 3 (41-0) and 
measure is ordered enrolled. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and a resolution properly enrolled 
and they are duly ratified and sent to the Office of the Secretary of State: 

S.B. 838, an act to exempt the Young Men's Christian Association and the 
Young Women's Christian Association from the licensure requirements of the 
North Carolina Charitable Solicitations Act. (Ch. 650) 

S.B. 1174, an act to allow Rockingham County to acquire property for use by its 
County Board of Education and to clarify the filing date for members of the 
Rockingham County Consolidated Board of Education. (Ch. 651) 

S.B. 1270, an act to authorize the Department of Transportation to establish 
speed limits up to seventy miles per hour on designated parts of controlled access 
highways and to provide for suspension of the license of a person driving in excess 
of 80 miles per hour. (Ch. 652) 

S.B. 1286, an act to expand the membership of the Forestry Council of the 
Department of Environment, Health, and Natural Resources and redefine its 
responsibilities, as recommended by the Environmental Review Commission. 
(Ch. 653) 

S.B. 282, an act to allow the City of Rockingham to make satellite annexations 
of less than an entire subdivision when the property is developed for commercial 
or industrial use. (Ch. 654) 

S.B. 580, an act to amend the Charter of the City of Albemarle concerning 
assessments for street improvements. (Ch. 655) 

S.B. 598 (Committee Substitute), an act to create fire districts in Scotland 
County. (Ch. 656) 

S.B. 662 (Committee Substitute), an act to allow Richmond County to create fire 
protection districts in which fire protection is funded by fees rather than taxes. 
(Ch. 657) 

S.B. 1150, an act to conform the law governing setoffs with the law governing 
the recovery of premiums owed insurers as recommended by the Legislative 
Research Commission's Committee on Insurance and Insurance-Related Issues. 
(Ch. 658) 

S.B. 1151, an act to lessen the requirement of insurance companies to maintain 
trust accounts or obtain letters of credit or guaranty bonds as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. (Ch. 659) 



June 21, 1996 



268 SENATE JOURNAL [Second Session 

S.B. 1389, an act to deannex and detach a small area of land from the corporate 
limits of the City of Albemarle, North Carolina. (Ch. 660) 

S.B. 1375 (Committee Substitute), an act to modify the manner of election of 
the Whiteville City Board of Education. (Ch. 661) 

S.B. 1173 (Committee Substitute), an act to permit the local boards of education 
of various counties to schedule longer school days so as to offset days lost due to 
inclement weather. (Ch. 662) 

H.B. 1256, an act to provide staggered terms for the governing board of the 
Town of Spruce Pine, and concerning the voting power of the Mayor. (Ch. 663) 

H.B. 1147, an act to update the reference to the Internal Revenue Code used in 
defining and determining certain State tax provisions. (Ch. 664) 

S.J.R. 1495, a joint resolution honoring the life and memory of Governor John 
Motley Morehead on the Two Hundredth Anniversary of his birth. (Res. 26) 

CALENDAR (Unfinished Business Continued) 
(June 20 Supplemental Calendar) 

H.B. 1182, a bill to delete the unnecessary "L' endorsement for a commercial 
drivers license. 
The bill passes its second (41-0) and third readings and is ordered enrolled. 

H.B. 1162 (Committee Substitute), a bill to prohibit the use of ineligible voter's 
testimony about how the vote was cast; to give the person protesting the election 
the right to call for a new election when the number of ineligible voters exceeds 
the margin of victory; and to make related changes. 

The Committee Substitute bill passes its second (42-0) and third readings and is 
ordered enrolled. 

S.B. 1336 (Committee Substitute), a bill to provide that it is a Class F felony to 
abduct a child from any person, agency, or institution lawfully entitled to the 
child's custody as recommended by the North Carolina Child Fatality Task Force. 

With unanimous consent, on motion of Senator Davis, the Committee Substitute 
bill is recommitted to the Judiciary II/Election Laws Committee. 

COMMITTEE REFERRAL RECALL 

H.B. 1301 (Committee Substitute), a bill to provide that it is a Class F felony to 
abduct a child from any person, agency, or institution lawfully entitled to the 
child's custody as recommended by the North Carolina Child Fatality Task Force, 
received from the House of Representatives and referred to the Judiciary 11/ 
Election Laws Committee earlier today. 

Pursuant to Rule 47(b), Senator Gulley offers a motion the Committee Substi- 
tute bill be taken from the Judiciary II/Election Laws Committee and placed 
before the Senate for immediate consideration upon its passage, which motions 
prevail with unanimous consent. 



June 21, 1996 



1996] SENATE JOURNAL 269 

The Chair orders the Committee Substitute bill recalled from the Judiciary 11/ 
Election Laws Committee and places it before the Senate for immediate consider- 
ation upon its passage. 

Subsequently, the Chair orders, without objection, the Committee Substitute bill 
temporarily displaced. 

CALENDAR (Unfinished Business Continued) 
(June 20 Supplemental Calendar) 

H.B. 1083, a bill to require first-class mail notice to all property owners in an 
area proposed for addition to a municipality's extraterritorial planning and zoning 
jurisdiction, proportional representation for residents of the ETJ on the planning 
agency, and a hearing before county appointment of representation to the planning 
agency, which title changes, upon concurrence to read H.B. 1083 (Senate Com- 
mittee Substitute), a bill to require first-class mail notice to all property owners in 
an area proposed for addition to a municipality's extraterritorial planning and 
zoning jurisdiction, proportional representation for residents of the ETJ on the 
planning agency, and a hearing before county appointment of representation to the 
planning agency, to prohibit a municipality from claiming for lost tax revenue 
during the pendency of an appeal of annexation and to amend the statute of 
limitations for appealing the validity of a zoning ordinance. 

The Senate Committee Substitute bill passes its second (45-0) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger. 

H.B. 1301 (Committee Substitute), a bill to provide that it is a Class F felony to 
abduct a child from any person, agency, or institution lawfully entitled to the 
child's custody as recommended by the North Carolina Child Fatality Task Force, 
temporarily displaced earlier. 

Following debate, on motion of Senator Winner, the Chair orders, without 
objection, the Committee Substitute bill temporarily displaced. 

H.B. 1094, a bill to prohibit the imposition of a failure to pay penalty when 
additional tax due is paid at the time an amended return is filed or within thirty 
days after the additional tax was assessed. 

On motion of Senator Kerr, the Chair orders, without objection, the bill 
temporarily displaced. 

H.B. 1166, a bill to modify the required disclosure statement and eliminate 
duplicative reporting requirements under the Charitable Solicitations Act and to 
modify and clarify requirements for nongovernmental entities' accountability for 
State grants. 

Senator Cooper offers Amendment No. 1 which is adopted (43-0). 

The bill, as amended, passes its second (44-1) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment 
No. 1, by special messenger. 

H.B. 1094, a bill to prohibit the imposition of a failure to pay penalty when 
additional tax due is paid at the time an amended return is filed or within thirty 
days after the additional tax was assessed, temporarily displaced earlier. 



June 21, 1996 



270 SENATE JOURNAL [Second Session 

The bill passes its second (47-0) and third readings and is ordered enrolled. 

A bill standing on the general orders for today is taken up and disposed of, as 
follows: 

H.B. 1272, a bill to remove certain described property from the corporate limits 
of the City of Statesville, placed earlier on today's Calendar, upon second reading. 
The Chair rules the bill does not require a call of the roll. 
The bill passes its second (43-0) and third readings and is ordered enrolled. 

Bills ordered placed on the Supplemental Calendar for today, June 21, are taken 
up and disposed of, as follows: 

POINT OF ORDER 

Senator Webster rises to a point of order under Resolution 15, Section 1(4), of 
the 1995 Session Laws as to the eligibility of a local bill if an amendment creates 
a controversial local bill. 

The Chair rules local measures in controversy are ineligible for consideration 
upon passage pursuant to Resolution 15. 

CONFERENCE REPORT 

H.B. 955 (Senate Committee Substitute) 

Senator Gulley for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon H.B. 955, a bill to 
increase educational opportunity by authorizing the creation and funding of charter 
schools, which are deregulated schools under public control, which Senate 
Committee Substitute bill proposes to change the title, upon concurrence, to read 
H.B. 955 (Senate Committee Substitute), a bill to increase educational opportunity 
by authorizing the creation and funding of charter schools, which are deregulated 
schools under public control, submits the following report for adoption: 

To: The President of the Senate 

The Speaker of the House of Representatives 

The conferees appointed to resolve the differences between the Senate and the 
House of Representatives on House Bill 955, A BILL TO BE ENTITLED AN 
ACT TO INCREASE EDUCATIONAL OPPORTUNITY BY AUTHORIZING 
THE CREATION AND FUNDING OF CHARTER SCHOOLS, WHICH ARE 
DEREGULATED SCHOOLS UNDER PUBLIC CONTROL, Senate Education/ 
Higher Education Committee Substitute Adopted 6/1/95, submit the following 
report: 

The Senate and House agree to the following amendment to Senate Education/ 
Higher Education Committee Substitute adopted 6/1/95, and the House concurs in 
the Senate Education/Higher Education Committee Substitute as amended: 

Delete the entire Senate Education/Higher Education Committee Substitute and 
substitute the attached Proposed Conference Committee Substitute 
H955-PCS6254-RH001. 



June 21, 1996 



1996] SENATE JOURNAL 271 

The conferees recommend that the Senate and the House of Representatives 
adopt this report. 

Date conferees approved report: June , 1996. 

S/Wib P. Gulley S/Steve Wood 

S/Fletcher L. Hartsell, Jr. S/Rick L. Eddins 

S/J. Clark Plexico S/William McMahan 

S/Leslie Winner S/Larry R. Linney 

Conferees for the Senate Conferees for the 

House of Representatives 

The text of the attached proposed Conference Committee Substitute bill 6254 is 
as follows: 

A BILL TO BE ENTITLED 

AN ACT TO INCREASE EDUCATIONAL OPPORTUNITY BY AUTHORIZ- 
ING THE CREATION AND FUNDING OF CHARTER SCHOOLS, WHICH 
ARE DEREGULATED SCHOOLS UNDER PUBLIC CONTROL. 

The General Assembly of North Carolina enacts: 

Section 1. This act shall be known as the "Charter Schools Act of 1996". 
Sec. 2. Article 16 of Chapter 115C of the General Statutes is amended 
by adding a new Part to read: 

" Part 6A. Charter Schools. 
"§ 115C-238.29A. Purpose. 

The purpose of this Part is to authorize a system of charter schools to provide 
opportunities for teachers, parents, pupils, and community members to establish 
and maintain schools that operate independently of existing schools, as a method 
to accomplish all of the following : 

(1) Improve student learning : 

(2) Increase learning opportunities for all students, with special emphasis 
on expanded learning experiences for students who are identified as 
at risk of academic failure or academically gifted: 

(3) Encourage the use of different and innovative teaching methods: 

(4) Create new professional opportunities for teachers, including the 
opportunities to be responsible for the learning program at the 
school site: 

(5) Provide parents and students with expanded choices in the types of 
educational opportunities that are available within the public school 
system: and 

(6) Hold the schools established under this Part accountable for meeting 
measurable student achievement results, and provide the schools with 
a method to change from rule-based to performance-based account- 
ability systems. 

"§ 115C-238.29B. Eligible applicants: contents of applications: submission of 
a pplications for approval. 

fa) Any person, group of persons, or nonprofit corporation seeking to establish 
a charter school within a local school administrative unit may apply to establish a 
charter school on behalf of a private nonprofit corporation. If the applicant seeks 



June 21, 1996 



272 SENATE JOURNAL [Second Session 

to convert a public school to a charter school, the application shall include a 
statement signed by a majority of the teachers and instructional support personnel 
currently employed at the school indicating that they favor the conversion and 
evidence that a significant number of parents of children enrolled in the school 
favor conversion. 

(b) The application shall contain at least the following information: 

(1) A description of a program that implements one or more of the 
purposes in G.S. 115C-238.29A. 

(2) A description of student achievement goals for the school's educa- 
tional program and the method of demonstrating that students have 
attained the skills and knowledge specified for those student achieve- 
ment goals. 

(3) The governance structure of the school including the process to be 
followed by the school to ensure parental involvement. 

(4) Admission policies and procedures. 

(5) A proposed budget for the school and evidence that the plan for the 
school is economically sound. 

(6) Requirements and procedures for program and financial audits. 

(7) A description of how the school will comply with G.S. 115C-238.29F. 

(8) Types and amounts of insurance coverage, including bonding insur- 
ance for the principal officers of the school, to be obtained by the 
charter school. 

(9) The term of the contract. 

(10) The qualifications required for individuals employed by the school. 

(11) The procedures by which students can be excluded from the charter 
school and returned to a public school. Notwithstanding any law to 
the contrary, any local board may refuse to admit any student who is 
suspended or expelled from a charter school due to actions that 
would lead to suspension or expulsion from a public school under 
G.S. 115C-391 until the period of suspension or expulsion has 
expired. 

(12) The number of students to be served, which number shall be at least 
65. and the minimum number of teachers to be employed at the 
school, which number shall be at least three. However, the charter 
school may serve fewer than 65 students or employ fewer than three 
teachers if the application contains a compelling reason, such as the 
school would serve a geographically remote and small student 
population. 

(13) Information regarding the facilities to be used by the school and the 
manner in which administrative services of the school are to be 
provided. 

(14) A description of whether the school will operate independently of 
the local board of education or whether it agrees to be subject to 
some supervision and control of its administrative operations by the 
local board of education. In the event the charter school elects to 
operate independently of the local board of education, the applica- 
tion must specify which employee benefits will be offered to its 
employees and how the benefits will be funded. 

(c) An applicant shall submit the application to a chartering entity for prelimi- 
nary approval. A chartering entity may be: 



June 21, 1996 



1996] SENATE JOURNAL 273 

(1) The local board of education of the local school administrative unit 
in which the charter school will be located: 

(2) The board of trustees of a constituent institution of The University 
of North Carolina, so long as the constituent institution is involved in 
the planning, operation, or evaluation of the charter school: or 

(3) The State Board of Education. 

Regardless of which chartering entity receives the application for preliminary 
approval, the State Board of Education shall have final approval of the charter 
school. 
"§ 115C-238.29C. Preliminary approval of applications for charter schools. 

(a) The chartering entity that receives a request for preliminary approval of a 
charter school shall act on each request received prior to November 1 of a 
calendar year by February 1 of the next calendar year. 

(b) The chartering entity shall give preliminary approval to the application if 
the chartering entity determines that (i) information contained in the application 
meets the requirements set out in this Part or adopted by the State Board of 
Education, (ii) the applicant has the ability to operate the school and would be 
likely to operate the school in an educationally and economically sound manner, 
and (iii) granting the application would improve student learning and would 
achieve one of the other purposes set out in G.S. 115C-238.29A. In reviewing 
applications for the establishment of charter schools within a local school adminis- 
trative unit, the chartering entity is encouraged to give preference to applications 
that demonstrate the capability to provide comprehensive learning experiences to 
students identified by the applicants as at risk of academic failure. If the charter- 
in g entity approves more than one application for charter schools located in a local 
school administrative unit, the chartering entity may state its order of preference 
among the applications that it approves. 

(c) If a chartering entity other than the State Board disapproves an application, 
the applicant may appeal to the State Board of Education prior to February 15. 
The State Board shall consider the appeal at the same time it is considering final 
approval in accordance with G.S. 115C-238.29D. The State Board shall g ive 
preliminary approval of the application if it finds that the chartering entity acted in 
an arbitrary or capricious manner in disapproving the application, failed to 
consider appropriately the application, or failed to act within the time set out in 
G.S. 115C-238.29C. 

If the chartering entity, the State Board of Education, or both, disapprove an 
application, the applicant may modify the application and reapply subject to the 
application deadline contained in subsection (a) of this section. 
"§ 115C-238.29D. Final approval of applications for charter schools. 

(a) The State Board shall grant final approval of an application if it finds that 
the application meets the requirements set out in this Part or adopted by the State 
Board of Education and that granting the application would achieve one or more 
of the purposes set out in G.S. 115C-238.29A. The State Board shall act bv 
March 15 of a calendar year on all applications and appeals it receives prior to 
February 15 of that calendar year. 

(b) The State Board shall authorize no more than five charter schools per year 
in one local school administrative unit. The State Board shall authorize no more 
than 100 charter schools statewide. If more than five charter schools in one local 
school ad ministrative unit or more than 100 schools statewide meet the standards 
for final a pproval, the State Board shall give priority to applications that are most 



June 21, 1996 



274 SENATE JOURNAL [Second Session 

likely to further State education policies and to strengthen the educational program 
offered in the local school administrative units in which they are located. 

(c) The State Board of Education may authorize a school before the applicant 
has secured its space, equipment, facilities, and personnel if the applicant indicates 
the authority is necessary for it to raise working capital. The State Board shall not 
allocate any funds to the school until the school has obtained space. 

(d) The State Board of Education may grant a charter for a period not to 
exceed five years and may renew the charter upon the request of the chartering 
entity for subsequent periods not to exceed five years each. A material revision of 
the provisions of a charter application shall be made only upon the approval of the 
State Board of Education. 

"§ 115C-238.29E. Charter school operation. 

(a) A charter school that is approved by the State shall be a public school 
within the local school administrative unit in which it is located. It shall be 
accountable to the local board of education for purposes of ensuring compliance 
with applicable laws and the provisions of its charter. 

(b) A charter school shall be operated by a private nonprofit corporation that 
shall have received federal tax-exempt status no later than 24 months following 
final approval of the application. 

(c) A charter school shall operate under a written contract signed by the local 
board of education and the applicant. The contract shall incorporate at a mini- 
mum the information provided in the application, as modified during the charter 
approval process, and any terms and conditions imposed on the charter school by 
the State Board of Education. 

If the local board of education does not sign the contract, the State Board may 
sign pn behalf of the local board. 

(d) The board of directors of the charter school shall decide matters related to 
the operation of the school, including budgeting, curriculum, and operating 
procedures. 

(e) A charter school shall be located in the local school administrative unit with 
which it signed the contract. Its specific location shall not be prescribed or limited 
by a local board or other authority except a zoning authority. The school may 
lease space from a local board of education, from a public or private nonsectarian 
or ganization, or as is otherwise lawful in the local school administrative unit in 
which the charter school is located. 

(f) Except as provided in this Part and pursuant to the provisions of its 
contract, a charter school is exempt from statutes and rules applicable to a local 
board of education or local school administrative unit. 

"§ 115C-238.29F. General requirements. 

(a) Health and Safety Standards. — A charter school shall meet the same 
health and safety requirements required of a local school administrative unit. 

(b) School Nonsectarian. — A charter school shall be nonsectarian in its 
pro grams, admission policies, employment practices, and all other operations and 
shall not charge tuition. A charter school shall not be affiliated with a nonpublic 
sectarian school or a religious institution. 

(c) Civil Liability and Insurance. — 

(1) The board of directors of a charter school may sue and be sued. 
The board of directors shall obtain at least the amount of and types 
of insurance required by the contract. 



June 21, 1996 



1996] SENATE JOURNAL 275 

(2) No civil liability shall attach to any chartering entity, to the State 
Board of Education, or to any of their members or employees, indi- 
vidually or collectively, for any acts or omissions of the charter 
school. In the event a charter school has not elected total indepen- 
dence from the local board of education under subsection (e) of this 
section, the immunity established by this subsection shall be deemed 
to have been waived to the extent of indemnification by insurance, 
indemnification under Articles 31A and 31B of Chapter 143 of the 
General Statutes, and to the extent sovereign immunity is waived 
under the Tort Claims Act, as set forth in Article 31 of Chapter 143 
of the General Statutes. 

(d) Instructional Program. — 

(1) The school shall provide instruction each year for at least 180 days. 

(2) The school shall design its programs to at least meet the student 
performance standards adopted by the State Board of Education and 
the student performance standards contained in the contract with the 
local board of education. 

(3) A charter school shall conduct the student assessments required for 
charter schools by the State Board of Education. 

(4) The school shall comply with policies adopted by the State Board of 
Education for charter schools relating to the education of children 
with special needs. 

(5) The school is subject to and shall comply with Article 27 of Chapter 
115C of the General Statutes: except that a charter school may also 
exclude a student from the charter school and return that student to 
another school in the local school administrative unit in accordance 
with the terms of its contract. 

(e) Employees, — 

(1) An employee of a charter school is not an employee of the local 
school administrative unit in which the charter school is located. 
The charter school's board of directors shall employ and contract 
with necessary teachers to perform the particular service for which 
they are employed in the school: at least seventy-five percent (75%) 
of these teachers in grades kindergarten through five, at least fifty 
percent (50%) of these teachers in grades six through eight, and at 
least fifty percent (50%) of these teachers in grades nine through 12 
shall hold teacher certificates. The board also may employ necessary 
employees who are not required to hold teacher certificates to per- 
form duties other than teaching and may contract for other services. 
The board may discharge teachers and noncertificated employees. 

(2) No local board of education shall require any employee of the local 
school administrative unit to be employed in a charter school. 

(3) If a teacher employed by a local school administrative unit makes a 
written request for an extended leave of absence to teach at a 
charter school, the local school administrative unit shall grant the 
leave. The local school administrative unit shall grant a leave for 
any number of years requested by the teacher, shall extend the leave 
for any number of years requested by the teacher, and shall extend 
the leave at the teacher's request. The local school administrative 
unit may require that the request for a leave or extension of leave 



June 21, 1996 



276 SENATE JOURNAL [Second Session 

be made up to 90 days before the teacher would otherwise have 
to report for duty. A teacher who has career status under 
G.S. 115C-325 prior to receiving an extended leave of absence to 
teach at a charter school may return to a public school in the 
local school administrative unit with career status at the end of the 
leave of absence or upon the end of employment at the charter 
school if an appropriate position is available. If an appropriate 
position is unavailable, the teacher's name shall be placed on a list 
of available teachers and that teacher shall have priority on all 
positions for which that teacher is qualified in accordance with 
G.S. 115C-325(e)(2). 
(4) In the event a charter school, in its application, elects total indepen- 
dence from the local board of education, its employees shall not be 
deemed to be employees of the local school administrative unit 
and shall not be entitled to any State-funded employee benefits, 
including membership in the North Carolina Teachers' and State 
Employees' Retirement System or the Teachers' and State 
Employees' Comprehensive Major Medical Plan. In the event a 
charter school, in its application, agrees to be subject to some super- 
vision and control of its administrative operations by the local board 
of education, the employees of the charter school will be deemed 
employees of the local school administrative unit for purposes of 
providing certain State-funded employee benefits, including member- 
ship in the Teachers' and State Employees' Retirement System and 
the Teachers' and State Employees' Comprehensive Major Medical 
Plan. The Board of Trustees of the Teachers' and State Employees' 
Retirement System, in consultation with the State Board of Educa- 
tion, shall determine the degree of supervision and control necessary 
to qualify the employees of the applicant for membership in the 
Retirement System. In no event shall anything contained in this Part 
require the North Carolina Teachers' and State Employees' Retire- 
ment System to accept employees of a private employer as members 
or participants of the System. 

(f) Accountability. — 

(1) The school is subject to the financial audits, the audit procedures, 
and the audit requirements adopted by the State Board of Education 
for charter schools. 

(2) The school shall comply with the reporting requirements established 
by the State Board of Education in the Uniform Education Report- 
ing System. 

(3) The school shall report at least annually to the chartering entity 
and the State Board of Education the information required by the 
chartering entity or the State Board. 

(g) Admission Requirements. — 

(1) Any child who is qualified under the laws of this State for admission 
to a public school is qualified for admission to a charter school. 

(2) No local board of education shall require any student enrolled in the 
local school administrative unit to attend a charter school. 

(3) Admission to a charter school shall not be determined according to 
the school attendance area in which a student resides, except that 



June 21, 1996 






1996] SENATE JOURNAL 277 

any local school administrative unit in which a public school converts 
to a charter school shall give admission preference to students who 
reside within the former attendance area of that school. 

(4) Admission to a charter school shall not be determined according to 
the local school administrative unit in which a student resides, except 
that the provisions of G.S. 115C-366(d) shall apply to a student who 
wishes to attend a charter school in a county other than the county 
in which the student resides. 

(5) A charter school shall not discriminate against any student on the 
basis of ethnicity, national origin, gender, or disability. Except as 
otherwise provided by law or the mission of the school as set out in 
the contract, the school shall not limit admission to students on the 
basis of intellectual ability, measures of achievement or aptitude, ath- 
letic ability, disability, race, creed, gender, national origin, religion, or 
ancestry. Within one year after the charter school begins operation, 
the population of the school shall reasonably reflect the racial and 
ethnic composition of the general population residing within the local 
school administrative unit in which the school is located or the racial 
and ethnic composition of the special population that the school 
seeks to serve residing within the local school administrative unit in 
which the school is located. The school shall be subject to any 
court-ordered desegregation plan in effect for the local school 
administrative unit. 

(6) The school shall enroll an eligible student who submits a timely 
application, unless the number of applications exceeds the capacity of 
a program, class, grade level, or building. In this case, students shall 
be accepted by lot. 

(7) Notwithstanding any law to the contrary, a charter school may refuse 
admission to any student who has been expelled or suspended from 
a public school under G.S. 115C-391 until the period of suspension 
or expulsion has expired. 

(h) Transportation. — The charter school shall provide transportation for 

students enrolled at the school who reside in the local school administrative unit in 
which the school is located. The charter school may provide transportation for 
students enrolled at the school who reside in different local school administrative 
units. 

(i) Assets. — Upon dissolution of the charter school or upon the nonrenewal of 
the charter, all assets of the charter school shall be deemed the property of the 
local school administrative unit in which the charter school is located. 
"§ 115C-238.29G. Causes for nonrenewal or termination. 

The State Board of Education, or a chartering entity subject to the approval of 
the State Board of Education, may terminate or not renew a contract upon any of 
the following grounds: 

(1) Failure to meet the requirements for student performance contained 
in the contract: 

(2) Failure to meet generally accepted standards of fiscal management: 

(3) Violations of law: 

(4) Material violation of any of the conditions, standards, or procedures 
set forth in the contract: 



June 21, 1996 



278 SENATE JOURNAL [Second Session 

(5) Two-thirds of the faculty and instructional support personnel at the 
school request that the contract be terminated or not renewed: or 

(6) Other good cause identified. 

The State Board of Education shall develop and implement a process to address 
contractual and other grievances between a charter school and its chartering entity 
during the time of its charter. 
"§ 115C-238.29H. State and local funds for a charter school. 

(a) The State Board of Education shall allocate to each charter school (i) an 
amount equal to the average per pupil allocation for average daily membership 
from the local school administrative unit allotments in which the charter school is 
located for each child attending the charter school except for the allocation for 
children with special needs and (ii) an additional amount for each child attending 
the charter school who is a child with special needs. 

Funds allocated by the State Board of Education shall not be used to purchase 
land or buildings. The school may own land and buildings it obtained throug h 
non-State sources. 

(b) If a student attends a charter school, the local school administrative unit in 
which the child resides shall transfer to the charter school an amount equal to the 
per pupil local current expense appropriation to the local school administrative unit 
for the fiscal year. 

"§ 115C-238.29I. Notice of the charter school process: review of charter schools: 
Charter School Advisory Committee. 

(a) The State Board of Education shall distribute information announcing the 
availability of the charter school process described in this Part to each local school 
administrative unit and public postsecondary educational institution and, throug h 
press releases, to each major newspaper in the State. 

(b) The State Board of Education shall report annually to the Joint Legislative 
Education Oversight Committee and the Joint Legislative Commission on 
Governmental Operations the following information: 

(1) The current and projected impact of charter schools on the delivery 
of services by the public schools: 

(2) Student academic progress in the charter schools as measured, where 
available, against the academic year immediately preceding the first 
academic year of the charter schools' operation: and 

(3) Best practices resulting from charter school operations. 

The State Board of Education shall base its report in part upon the annual reports 
submitted by the charter schools under G.S. 115C-238.29F(f)(3). To the extent 
possible, the State Board of Education shall present the information in disag gre- 
gated form relative to the race, gender, grade level, and economic condition of the 
students. 

(c) The State Board of Education shall review the educational effectiveness of 
the charter school approach authorized under this Part and the effect of charter 
schools on the public schools in the local school administrative unit in which the 
charter schools are located and, not later than January 1. 1999. shall report to the 
Joint Legislative Education Oversight Committee with recommendations to modify, 
expand, or terminate that approach. Analysis of the reports submitted under 
subsection (b) of this section shall be the predominant factor in determining 
whether the number of charter schools shall be increased and the conditions under 
which any increase or continued operation shall be allowed. If the analysis indi- 



June 21, 1996 



1996] SENATE JOURNAL 279 

cates demonstrable, substantial success, the General Assembly shall consider 
expanding the number of charter schools that may be established. 

(d) The State Board of Education may establish a Charter School Advisory 
Committee to assist with the implementation of this Part. The Charter School 
Advisory Committee may (i) provide technical assistance to chartering entities or 
to potential applicants, (ii) review applications for preliminary approval, (iii) make 
recommendations as to whether the State Board should approve applications for 
charter schools, (iv) make recommendations as to whether the State Board should 
terminate or not renew a contract, (v) make recommendations concerning griev- 
ances between a charter school and its chartering entity, (vi) assist with the review 
under subsection (c) of this section, and (vii) provide any other assistance as may 
be required by the State Board. 
"§ 115C-238.29.T. Public and private assistance to charter schools. 

(a) Local boards of education are authorized and encouraged to provide admin- 
istrative and evaluative support to charter schools located within their local school 
administrative units and to contract with those charter schools to provide student 
transportation. 

(b) Private persons and organizations are encouraged to provide funding and 
other assistance to the establishment or operation of charter schools. 

(c) The State Board of Education shall direct the Department of Public Instruc- 
tion to provide guidance and technical assistance, upon request, to applicants and 
potential applicants for charters. " 

Sec. 3. G.S. 135-40.1(6) reads as rewritten: 
"(6) Employing Unit. — A North Carolina School System; Community 
College; State Department, Agency or Institution; Administrative 
Office of the Courts; or Association or Examining Board whose 
employees are eligible for membership in a State-Supported Retire- 
ment System. An employing unit also shall mean a charter school in 
accordance with Part 6A of Chapter 115C of the General Statutes 
whose employees are deemed to be public employees and members 
of a State-Supported Retirement System. " 
Sec. 4. Nothing in this act shall be construed to obligate the General 
Assembly to appropriate funds to implement this act. In addition, all charters 
granted and all contracts entered into under this act are subject to any future 
appropriations and subsequent legislative changes. 

Sec. 5. This act is effective upon ratification. 
The Chair rules review by the Appropriations Committee pursuant to Rule 42 
is not required. 

On motion of Senator Gulley, the Conference Report is adopted (37-8), and a 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

SUPPLEMENTAL CALENDAR 

H.B. 1205, a bill to allow the County of Dare to acquire property for use by the 
County Board of Education, upon second reading. 

With unanimous consent, the bill is taken up out of the regular order of 
business. 

The Chair rules the bill does not require a call of the roll. 

The bill passes its second and third readings. 



June 21, 1996 



280 SENATE JOURNAL [Second Session 

Senators East, Forrester, Perdue, Webster, and Winner request to be recorded 
voting "no." 
The bill is ordered enrolled. 

H.B. 1234 (Committee Substitute), a bill to allow Martin, Person, and Vance 
Counties to acquire property for use by the County Board of Education, upon 
second reading. 

With unanimous consent, the Committee Substitute bill is taken up out of its 
regular order of business. 

The Chair rules the Committee Substitute bill does not require a call of the roll. 

The Committee Substitute bill passes its second and third readings. 

Senators East, Forrester, Perdue, Webster, and Winner request to be recorded 
voting "no." 

The Committee Substitute bill is ordered enrolled. 

H.B. 1313, a bill to allow Wilson County to acquire property for use by the 
County Board of Education, upon second reading. 

With unanimous consent, the bill is taken up out of the regular order of busi- 
ness. 

The Chair rules the bill does not require a call of the roll. 

The bill passes its second and third readings. 

Senators East, Forrester, Perdue, Webster, and Winner request to be recorded 
voting "no." 

The bill is ordered enrolled. 

H.B. 1314 (Committee Substitute), a bill to allow Halifax, Nash, and Wilson 
Counties to acquire and otherwise make available property for use by the Board of 
Trustees of a Community College within the county, upon second reading. 

With unanimous consent, the Committee Substitute bill is taken up out of its 
regular order of business. 

The Chair rules the Committee Substitute bill does not require a call of the roll. 

The Committee Substitute bill passes its second and third readings. 

Senators East, Forrester, Perdue, Webster, and Winner request to be recorded 
voting "no." 

The Committee Substitute bill is ordered enrolled. 

H.B. 1394, a bill to allow the Counties of Graham and Cherokee to acquire 
property for use by the County Board of Education, upon second reading. 

With unanimous consent, the bill is taken up out of its regular order of business. 

The Chair rules the bill does not require a call of the roll. 

Senator Shaw offers Amendment No. 1 which is adopted (45-0). 

The bill, as amended, passes its second and third readings. 

Senators East, Forrester, Perdue, Webster, and Winner request to be recorded 
voting "no." 

The bill, as amended, is ordered sent to the House of Representatives, for 
concurrence in Senate Amendment No. 1, by special messenger. 

H.B. 1116, a bill to abolish the Clinton-Sampson Agri-Civic Center Commission. 
With unanimous consent, the bill is taken up out of the regular order of 
business. 



June 21, 1996 



1996] SENATE JOURNAL 281 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1132 (Committee Substitute), a bill requiring the payment of delinquent 
taxes in Currituck County before the issuance by the County of subdivision 
approval. 

With unanimous consent, the Committee Substitute bill is taken up out of its 
regular order of business. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1286, a bill to prohibit hunting from the right-of-way of public roads in 
Northampton County. 
With unanimous consent, the bill is taken up out of its regular order of business. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1357 (Committee Substitute), a bill to exempt the annexation of the 
Edenton Airport from the ceiling on satellite annexations by the Town of Edenton. 

With unanimous consent, the Committee Substitute bill is taken up out of its 
regular order of business. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1383, a bill to authorize the Town of Cerro Gordo to convey by private 
sale certain property to Eugene Green. 
With unanimous consent, the bill is taken up out of its regular order of business. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1397, a bill authorizing Columbus County to enter into leases for terms not 
longer than twenty years. 
With unanimous consent, the bill is taken up out of its regular order of business. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1424, a bill to add Caswell and Person Counties to those counties autho- 
rized to establish the boundaries between and among them by the use of orthopho- 
tography. 

With unanimous consent, the bill is taken up out of its regular order of business. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 540 (House Committee Substitute), a bill to provide for election of all the 
members of the Rockingham City Council for four-year terms, for concurrence in 
the House Committee Substitute bill. 

With unanimous consent, the House Committee Substitute bill is taken up out of 
its regular order of business. 

The Senate concurs in the House Committee Substitute bill (42-0) and the 
measure is ordered enrolled. 

S.B. 1201 (House Committee Substitute), a bill to permit the Lumberton 
Firemen's Supplementary Pension Fund to increase the monthly benefits to its 
members, for concurrence in the House Committee Substitute bill. 

With unanimous consent, the House Committee Substitute bill is taken up out of 
its regular order of business. 



June 21, 1996 



282 SENATE JOURNAL [Second Session 

The Senate concurs in the House Committee Substitute bill (44-0) and the 
measure is ordered enrolled. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Carpenter. 

H.B. 1096, a bill to transfer responsibility for collecting the remainder of the 
gross premiums tax from the Department of Insurance to the Department of 
Revenue and to clarify related statutes, upon second reading. 

With unanimous consent, the bill is taken up out of its regular order of business. 

Senator Kerr rises to a point of order as to the bill requiring a call of the roll. 

The Chair takes the point of order under advisement and orders, without 
objection, the bill temporarily displaced. 

H.B. 1258, a bill to authorize the University of North Carolina to retain the net 
proceeds from sale of the former residence of the Chancellor of Winston-Salem 
State University for application toward purchase of the successive residence for the 
Chancellor. 

With unanimous consent, the bill is taken up out of its regular order of business. 

The bill passes its second (43-1) and third readings and is ordered enrolled. 

H.J.R. 1451, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a joint resolution condemning arson, vandalism, and 
bomb threats against predominantly Black churches and supporting efforts to 
investigate and solve these crimes. 

With unanimous consent, the joint resolution is taken up out of its regular order 
of business. 

The joint resolution passes its second and third readings and is ordered enrolled. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Edwards. 

H.J.R. 1453, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a bill to be entitled an act to raise the penalty for 
burning of religious structures. 

With unanimous consent, the joint resolution is taken up out of its regular order 
of business. 

The joint resolution passes its second and third readings and is ordered enrolled. 

S.B. 33, a bill to give the district court concurrent jurisdiction with the superior 
court to accept a plea of guilty or no contest to a Class F, G, H, or I felony with 
the consent of the presiding district court judge, the State, and the defendant, for 
concurrence in the House Committee Substitute bill No. 2, which changes the title, 
upon concurrence, to read S.B. 33 (House Committee Substitute No. 2), a bill to 
make various changes in the criminal jurisdiction of district and superior court and 
to make various criminal law procedural changes. 

With unanimous consent, House Committee Substitute bill No. 2 is taken up out 
of its regular order of business. 

Subsequently the Chair orders, without objection, the House Committee 
Substitute bill No. 2 temporarily displaced. 



June 21, 1996 



1996] SENATE JOURNAL 283 

H.B. 1096, a bill to transfer responsibility for collecting the remainder of the 
gross premiums tax from the Department of Insurance to the Department of 
Revenue and to clarify related statutes, temporarily displaced earlier. 

With unanimous consent, the bill is taken up out of its regular order of business. 

The Chair rules the bill does not require a call of the roll. 

Senator Rand offers Amendment No. 1 which is adopted (43-0). 

The bill, as amended, passes its second (43-0) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment 
No. 1, by special messenger. 

RECALL FROM HOUSE OF REPRESENTATIVES 

H.B. 1394, a bill to allow the Counties of Graham and Cherokee to acquire 
property for use by the County Board of Education, as amended, ordered sent to 
the House of Representatives earlier today for concurrence in the Senate 
Amendment. 

Senator Shaw offers a motion to the end the bill, as amended, be recalled from 
the House of Representatives for further consideration, which motion prevails. 

A message is ordered sent to the House of Representatives requesting the return 
of the bill, as amended. 

CALENDAR (June 21 Supplemental Calendar Continued) 

S.B. 359 (Committee Substitute), a bill to make it a felony offense to imperson- 
ate a law enforcement officer by unlawfully operating a motor vehicle with an 
operating blue or red light, for concurrence in the House Committee Substitute 
bill, which changes the title, upon concurrence, to read S.B. 359 (House Commit- 
tee Substitute), a bill to make it a felony offense to impersonate a law enforcement 
officer by unlawfully operating a motor vehicle with an operating blue light, 
received on a message from the House of Representatives earlier today. 

With unanimous consent, the House Committee Substitute bill is taken up out of 
its regular order of business. 

The Senate concurs in the House Committee Substitute bill (39-0) and the 
measure is ordered enrolled. 

H.B. 1301 (Committee Substitute), a bill to provide that it is a Class F felony to 
abduct a child from any person, agency, or institution lawfully entitled to the 
child's custody as recommended by the North Carolina Child Fatality Task Force, 
recalled from the Judiciary II/Election Laws Committee and temporarily displaced 
earlier today. 

Senator Davis offers Amendment No. 1 which is adopted (41-0). 

The Committee Substitute bill, as amended, passes its second (42-0) and third 
readings and is ordered sent to the House of Representatives, for concurrence in 
Senate Amendment No. 1, by special messenger. 

COMMITTEE REFERRAL RECALL 

H.B. 1164 (Committee Substitute), a bill to provide for lien rights for persons 
who fabricate dies, molds, forms, or patterns and who fabricate products from dies, 
molds, forms, or patterns, referred to the Judiciary 1/ Constitution Committee on 
June 11. 



June 21, 1996 



284 SENATE JOURNAL [Second Session 

Pursuant to Rule 47(b), Senator Cooper offers a motion the Committee 
Substitute bill be taken from the Judiciary I/Constitution Committee and placed 
before the Senate for immediate consideration upon its passage, which motions 
prevail with unanimous consent. 

The Chair orders the Committee Substitute bill recalled from the Judiciary 1/ 
Constitution Committee and places it before the Senate for immediate consider- 
ation upon its passage. 

Senator Cooper offers Amendment No. 1 which is adopted (44-0). 

The Committee Substitute bill, as amended, passes its second (44-0) and third 
readings and is ordered sent to the House of Representatives, for concurrence in 
Senate Amendment No. 1, by special messenger. 

CALENDAR (June 21 Supplemental Calendar Continued) 

S.B. 33, a bill to give the district court concurrent jurisdiction with the superior 
court to accept a plea of guilty or no contest to a Class F, G, H, or I felony with 
the consent of the presiding district court judge, the State, and the defendant, for 
concurrence in the House Committee Substitute bill No. 2, which changes the title, 
upon concurrence, to read S.B. 33 (House Committee Substitute No. 2), a bill to 
make various changes in the criminal jurisdiction of district and superior court and 
to make various criminal law procedural changes, temporarily displaced earlier. 

With unanimous consent, House Committee Substitute bill No. 2 is taken up out 
of its regular order of business. 

Senator Ballance offers a motion to the end the House Committee Substitute 
bill No. 2 be re-referred to the Appropriations Committee, which motion prevails. 
The Chair orders the measure referred to the Appropriations Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 855 House of Representatives 

(House Committee Substitute No. 2) June 21, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House has adopted the report of the Conferees on SB 855, A BILL TO 
BE ENTITLED AN ACT TO AUTHORIZE PUBLIC HOSPITALS TO 
DEVELOP VARIOUS MANAGED CARE ORGANIZATIONS AND 
MANAGED CARE PRODUCTS WITH PROVIDERS AND INSURERS, TO 
AMEND THE PUBLIC RECORDS LAW, AND TO PROVIDE A HEALTH 
CARE PERSONNEL REGISTRY. Pursuant to your message that your 
Honorable Body has adopted the report of the Conferees, you may order the bill 
enrolled. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

The Chair orders the House Committee Substitute bill No. 2 enrolled. 



June 21, 1996 



1996] SENATE JOURNAL 285 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1139 House of Representatives 

(House Committee Substitute) June 21, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House has adopted the report of the Conferees on SB 1139, A BILL TO 
BE ENTITLED AN ACT TO IMPLEMENT THE RECOMMENDATION OF 
THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO 
IMPLEMENT THE STATE BOARD OF EDUCATION'S ABC'S PLAN IN 
ORDER TO ESTABLISH AN ACCOUNTABILITY MODEL FOR THE 
PUBLIC SCHOOLS TO IMPROVE STUDENT PERFORMANCE AND 
INCREASE LOCAL FLEXIBILITY AND CONTROL, AND TO MAKE 
CONFORMING CHANGES. Pursuant to your message that your Honorable 
Body has adopted the report of the Conferees, you may order the bill enrolled. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

The Chair orders the House Committee Substitute bill enrolled. 

Special messages received from the House of Representatives transmitting bills 
for concurrence are presented to the Senate, read, and disposed of pursuant to the 
ruling of the Chair earlier today, as follows: 

S.B. 534 (House Committee Substitute), a bill to amend the law regulating 
surety bondsmen, bail bondsmen, and runners, for concurrence in the House 
Committee Substitute bill. 

The rules are suspended, without objection, and the House Committee Substitute 
bill is placed on the Supplemental Calendar for today for consideration upon 
concurrence. 

S.B. 470, a bill to create the Good Funds Settlement Act, for concurrence in the 
House Committee Substitute bill, with two amendments not engrossed, which 
changes the title, upon concurrence, to read S.B. 470 (House Committee Substi- 
tute), a bill to create the Good Funds Settlement Act, and to amend the defini- 
tions under the Registration Requirements Act for certain makers of mortgages 
and deeds of trust on residential real property. 

On motion of Senator Gulley, the rules are suspended, without objection, and 
the House Committee Substitute bill is placed before the Senate for immediate 
consideration upon concurrence. 

The Senate concurs in the House Committee Substitute bill (33-1) and the 
measure is ordered enrolled. 

S.B. 833, a bill to require that vehicles making frequent stops on highways be 
equipped with flashing amber lights, for concurrence in House Amendment No. 1. 

The rules are suspended, without objection, and the bill is placed on the 
Supplemental Calendar for today for consideration upon concurrence. 



June 21, 1996 



286 SENATE JOURNAL [Second Session 

S.B. 859 (House Committee Substitute), a bill to amend the mental health com- 
mitment law to provide for diversion of potential Thomas S. class members to 
appropriate treatment, for concurrence in the House Committee Substitute bill, 
with House Amendment No. 1 not engrossed. 

On motion of Senator Martin of Guilford, the rules are suspended, without 
objection, and the House Committee Substitute bill is placed before the Senate for 
immediate consideration. 

The Chair subsequently orders, without objection, the House Committee Substi- 
tute bill temporarily displaced. 

S.B. 905 (Committee Substitute), a bill to affect the membership of the State 
Fire and Rescue Commission, for concurrence in the House Committee Substitute 
bill No. 2 with House Amendments No. 1 and No. 2 not engrossed, which changes 
the title, upon concurrence, to read S.B. 905 (House Committee Substitute No. 2), 
a bill to facilitate fire warning and supplemental fire protection systems in student 
housing. 

Referred to Children and Human Resources Committee. 

S.B. 1165 (Committee Substitute), a bill to allow counties to remove vehicle 
registration tax block upon full payment of property taxes, for concurrence in 
House Amendment No. 1. 

The rules are suspended, without objection, and the Committee Substitute bill 
is placed on the Supplemental Calendar for today for consideration upon 
concurrence. 

Special messages are received from the House of Representatives transmitting 
bills which are presented to the Senate, read the first time, and disposed of, as 
follows: 

H.B. 1093 (Committee Substitute), a bill to provide tax reform and tax relief for 
the citizens of North Carolina by repealing the unconstitutional corporate tax 
credit for North Carolina wine, repealing the unconstitutional corporate tax deduc- 
tion for North Carolina dividends, revising the unconstitutional individual income 
tax credit for North Carolina dividends, repealing the unconstitutional tax credit 
for qualified business investments, and providing the Secretary of Revenue author- 
ity to improve use tax collection. 

Referred to Finance Committee. 

H.B. 1181, a bill to grant authority to the City of Lumberton to address 
abandoned structures in the same manner as municipalities in counties with a 
population of over one hundred sixty-three thousand. 

The rules are suspended, without objection, and the bill is placed on the 
Supplemental Calendar for today for consideration it its regular order of business. 

H.B. 1138 (Committee Substitute), a bill to grant additional authority to the 
Town of Apex to charge fees in lieu of parkland or open space dedication based on 
a per-unit formula and to condition site plan approval upon dedication, reserva- 
tion, improvement, or payment of fees in lieu, with House Amendment No. 1 not 
engrossed. 

The rules are suspended, without objection, and the Committee Substitute bill is 
placed on the Supplemental Calendar for today for consideration it its regular 
order of business. 



June 21, 1996 






1996] SENATE JOURNAL 287 

H.B. 1098, a bill to provide that Cumberland County and the cities located in 
that County may require issuance of a building permit for the replacement and 
disposal of roofing. 

The rules are suspended, without objection, and the bill is placed on the 
Supplemental Calendar for today for consideration it its regular order of business. 

H.B. 1264, a bill to provide for the filing and registry of certified copies of 
out-of-State custody decrees and for the validation of certified copies of wills 
recorded without probate. 

Referred to Judiciary II/Election Laws Committee. 

H.B. 1265, a bill to make changes in the membership of the North Carolina 
Courts Commission. 
Referred to Judiciary II/Election Laws Committee. 

H.B. 1278, a bill recommended by the Child Fatality Task Force to improve the 
definition of "dependent juvenile." 
Referred to Children and Human Resources Committee. 

H.B. 1307 (Committee Substitute), a bill to add certain described property to the 
corporate limits of the Town of Spruce Pine, and to exempt the property from the 
ceiling on satellite annexations by the Town. 

The rules are suspended, without objection, and the Committee Substitute bill is 
placed on the Supplemental Calendar for today for consideration it its regular 
order of business. 

H.B. 1320, a bill to eliminate the requirement of certified mail notice in bond 
forfeiture cases. 
Referred to Judiciary II/Election Laws Committee. 

H.B. 1338, a bill to specify that one member of the Environmental Management 
Commission shall have employment experience in industrial air and water pollution 
control at an industrial manufacturing facility, as recommended by the Environ- 
mental Review Commission, with House Amendment No. 1 not engrossed. 

Referred to Agriculture/Environment/Natural Resources Committee. 

H.B. 1378, a bill to correct, set out, and clarify the boundaries of the Town of 
Danbury and to validate actions of the Town. 

The rules are suspended, without objection, and the bill is placed on the 
Supplemental Calendar for today for consideration it its regular order of business. 

H.B. 1390, a bill to annex a described area to the corporate limits of the Town 
of Mount Olive. 

The rules are suspended, without objection, and the bill is placed on the 
Supplemental Calendar for today for consideration it its regular order of business. 

H.B. 1422 (Committee Substitute), a bill to reactivate the Charter of the Town 
of Wilson's Mills in Johnston County. 
Referred to Finance Committee. 



June 21, 1996 



288 SENATE JOURNAL [Second Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 821 (House Committee Substitute), an act to clarify the law relating to the 
preneed sales of funeral merchandise. (Ch. 665) 

H.B. 1102, an act to implement the recommendation of the School Capital 
Construction Study Commission to direct the State Board of Education and the 
Local Government Commission to modify their accounting and reporting systems 
to allow tracking of local expenditures in schools' capital outlay funds, to direct the 
State Board of Education to develop a uniform system for schools to develop 
five-year capital needs plans, and to amend the School Budget and Fiscal Control 
Act. (Ch. 666) 

H.B. 1144 (Committee Substitute), an act to create the Butner Advisory Council 
and to enumerate its duties. (Ch. 667) 

H.B. 1201 (Committee Substitute), an act to provide that insurers are not 
required to obtain written consent to rate on each policy renewal as recommended 
by the Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues. (Ch. 668) 

H.B. 1202 (Committee Substitute), an act to conform the law governing small 
employer health benefit plans to 1995 legislation as recommended by the Legisla- 
tive Research Commission's Committee on Insurance and Insurance-Related Issues 
and to clarity the applicability of certain medical underwriting provisions. (Ch. 669) 

H.B. 1345 (Committee Substitute), an act to implement the recommendations of 
the Committee on Appropriations by establishing the percentage rates for the 
insurance regulatory charge and the public utility regulatory fee. (Ch. 670) 

H.B. 1097, an act to permit the City of Brevard to convey certain parcels of real 
property to former owners or adjoining owners with or without consideration. 
(Ch. 671) 

H.B. 1421, an act to provide for the election of the Board of Education of the 
Mount Airy City School Administrative Unit. (Ch. 672) 

H.B. 1172 (Committee Substitute), an act to transfer the Rail Safety Section 
from the Utilities Commission to the Department of Transportation and to direct 
the Secretary of Transportation to study the need for continuation of the Rail 
Safety Inspection Program. (Ch. 673) 

H.B. 1280 (Committee Substitute), an act to recodify the statute establishing 
liens on insurance proceeds to secure child support and to provide that such liens 
are subordinate to liens arising under Article 9 of Chapter 44 of the General 
Statutes and to other health care provider claims. (Ch. 674) 

H.B. 1141, an act to allow the Division of Motor Vehicles to use different color 
borders to distinguish the age of license holders, thereby making it easier to issue 



June 21, 1996 



1996] SENATE JOURNAL 289 

duplicate licenses by mail when the photograph on the original license is a digi- 
tized image. (Ch. 675) 

H.B. 1122, an act to allow Swain County to employ attachment or garnishment 
and to obtain a lien for ambulance services. (Ch. 676) 

H.B. 1328, an act to abolish the Sanford Golf Commission. (Ch. 677) 

H.B. 1388, an act to amend the law regarding the City of Wilson Firemen's 
Supplemental Retirement Fund. (Ch. 678) 

H.B. 1210, an act clarifying the distribution of profits from the operation of the 
Dare County Alcoholic Beverage Control Board. (Ch. 679) 

H.B. 1212, an act to amend the Charter of the City of Greensboro with respect 
to settlement of claims. (Ch. 680) 

H.B. 1231, an act to include the Counties of Alleghany, Surry, and Watauga 
among those Counties that require consent of the Board of County Commissioners 
before land may be condemned or acquired by a unit of local government outside 
the County. (Ch. 681) 

H.B. 1309 (Committee Substitute), an act to add Avery County to those counties 
making it unlawful to remove or destroy electronic collars on dogs. (Ch. 682) 

H.B. 1342, an act to provide that the Cumberland County Board of Commission- 
ers must fill a vacancy with the person nominated by the appropriate political party 
if the nomination is made on a timely basis. (Ch. 683) 

H.B. 1401, an act amending the Charter of the City of Fayetteville regarding 
zoning hearings. (Ch. 684) 

COMMITTEE REFERRAL RECALL 

H.B. 1355 (Committee Substitute), a bill to extend up to twenty years the period 
to repay special assessments in the City of Fayetteville, received on a message from 
the House of Representatives and referred to the Local Government and Regional 
Affairs Committee earlier today. 

Pursuant to Rule 47(b), Senator Jordan offers a motion the Committee Substi- 
tute bill be taken from the Local Government and Regional Affairs Committee 
and placed before the Senate for immediate consideration upon its passage, which 
motions prevail with unanimous consent. 

The Chair orders the Committee Substitute bill recalled from the Local Govern- 
ment and Regional Affairs Committee and places it before the Senate for immedi- 
ate consideration upon its passage. 

The Chair rules the Committee Substitute bill does not require a call of the roll. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

S.B. 33, a bill to give the district court concurrent jurisdiction with the superior 
court to accept a plea of guilty or no contest to a Class F, G, H, or I felony with 



June 21, 1996 



290 SENATE JOURNAL [Second Session 

the consent of the presiding district court judge, the State, and the defendant, for 
concurrence in the House Committee Substitute bill No. 2 which changes the title, 
upon concurrence, to read S.B. 33 (House Committee Substitute No. 2), a bill to 
make various changes in the criminal jurisdiction of district and superior court and 
to make various criminal law procedural changes, on motion of Senator Ballance 
referred to the Appropriations Committee earlier today. 

Pursuant to Rule 47(b), Senator Odom offers a motion the House Committee 
Substitute bill No. 2 be taken from the Appropriations Committee and placed on 
the Supplemental Calendar for today, for consideration upon concurrence, which 
motions prevail with unanimous consent. 

The Senate reconsiders and the Chair orders the House Committee Substitute 
bill No. 2 recalled from the Appropriations Committee and places it on the 
Supplemental Calendar for today, for further consideration upon concurrence. 

CALENDAR (June 21 Supplemental Calendar Continued) 

S.B. 833, a bill to require that vehicles making frequent stops on highways be 
equipped with flashing amber lights, received from the House of Representatives 
earlier today for concurrence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (42-2) and the bill is ordered 
enrolled. 

S.B. 33, a bill to give the district court concurrent jurisdiction with the superior 
court to accept a plea of guilty or no contest to a Class F, G, H, or I felony with 
the consent of the presiding district court judge, the State, and the defendant, for 
concurrence in the House Committee Substitute bill No. 2, which changes the title, 
upon concurrence, to read S.B. 33 (House Committee Substitute No. 2), a bill to 
make various changes in the criminal jurisdiction of district and superior court and 
to make various criminal law procedural changes, recalled from the Appropriations 
Committee earlier today. 

The Chair orders, without objection, the House Committee Substitute bill No. 2 
temporarily displaced. 

WITHDRAWAL FROM CALENDAR 

H.B. 1138 (Committee Substitute), a bill to grant additional authority to the 
Town of Apex to charge fees in lieu of parkland or open space dedication based on 
a per-unit formula and to condition site plan approval upon dedication, reserva- 
tion, improvement, or payment of fees in lieu, received from the House of Repre- 
sentatives and placed on the Supplemental Calendar earlier today. 

With unanimous consent, the Committee Substitute bill is taken up out of the 
regular order of business. 

Senator Jordan offers a motion the Committee Substitute bill be taken from the 
Supplemental Calendar for today and re-referred to the Finance Committee, 
which motions prevail with unanimous consent. 

The Senate reconsiders its previous action and the Chair orders the Committee 
Substitute bill taken from the Supplemental Calendar for today and re-refers the 
measure to the Finance Committee. 

Pursuant to Rule 47(b), Senator Sherron offers a motion the Committee 
Substitute bill be taken from the Finance Committee and placed before the Senate 



June 21, 1996 



1996] SENATE JOURNAL 291 

for immediate consideration upon its passage, which motions prevail with 
unanimous consent. 

The Chair orders the Committee Substitute bill recalled from the Finance 
Committee and places it before the Senate for immediate consideration upon its 
second reading. 

The Chair rules the Committee Substitute bill does not require a call of the roll. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

CALENDAR (June 21 Supplemental Calendar Continued) 

S.B. 534 (House Committee Substitute), a bill to amend the law regulating 
surety bondsmen, bail bondsmen, and runners, received from the House of 
Representatives earlier today for concurrence in the House Committee Substitute 
bill. 

With unanimous consent, on motion of Senator Parnell, the House Committee 
Substitute bill is taken up out of its regular order of business. 

The Senate concurs in the House Committee Substitute bill (40-0) and the 
measure is ordered enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolutions properly enrolled and they 
are duly ratified and sent to the Office of the Secretary of State: 

H.J.R. 1451, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a joint resolution condemning arson, vandalism, and 
bomb threats against predominantly Black churches and supporting efforts to inves- 
tigate and solve these crimes. (Res. 27) 

H.J.R. 1453, a joint resolution authorizing the 1995 General Assembly, Regular 
Session 1996, to consider a bill to be entitled an act to raise the penalty for 
burning of religious structures. (Res. 28) 

CALENDAR (June 21 Supplemental Calendar Continued) 

S.B. 33, a bill to give the district court concurrent jurisdiction with the superior 
court to accept a plea of guilty or no contest to a Class F, G, H, or I felony with 
the consent of the presiding district court judge, the State, and the defendant, for 
concurrence in the House Committee Substitute bill No. 2, which changes the title, 
upon concurrence, to read S.B. 33 (House Committee Substitute No. 2), a bill to 
make various changes in the criminal jurisdiction of district and superior court and 
to make various criminal law procedural changes, temporarily displaced earlier. 

The Senate concurs in the House Committee Substitute bill No. 2 (43-0) and 
the measure is ordered enrolled. 

With unanimous consent, the Chair declares the Senate in recess for one hour. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 



June 21, 1996 



292 SENATE JOURNAL [Second Session 

CALENDAR (June 21 Supplemental Calendar Continued) 

S.B. 859 (House Committee Substitute), a bill to amend the mental health 
commitment law to provide for diversion of potential Thomas S. class members to 
appropriate treatment, for concurrence in the House Committee Substitute bill, 
received from the House of Representatives and temporarily displaced earlier 
today. 

On motion of Senator Martin of Guilford, the Chair orders, without objection, 
the House Committee Substitute bill temporarily displaced. 

RECALL FROM ENROLLING 

H.B. 1413, a bill to allow Mecklenburg County to acquire property for a magnet 
technical high school for use by its County Board of Education, ordered enrolled 
earlier today. 

Senator Winner offers a motion to the end the bill be recalled a second time 
from the Enrolling Office for further consideration, which motion prevails. 

The Enrolling Clerk returns the bill and the President lays the bill before the 
Senate. 

Senator Winner offers a motion that the vote by which the bill passed its third 
reading be reconsidered, which motion prevails, and the question becomes the 
passage of the bill upon its third reading. 

Senator Shaw offers Amendment No. 1 which is adopted (43-0). 

The bill, as amended, passes its third reading (43-0) and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1, by special 
messenger. 

CALENDAR (June 21 Supplemental Calendar Continued) 

S.B. 859 (House Committee Substitute), a bill to amend the mental health 
commitment law to provide for diversion of potential Thomas S. class members to 
appropriate treatment, for concurrence in the House Committee Substitute bill, 
temporarily displaced earlier today. 

The Senate concurs in the House Committee Substitute bill (42-0) and the 
measure is ordered enrolled. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 955 House of Representatives 

(Senate Committee Substitute) June 21, 1996 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information 
that the House has adopted the report of the Conferees on HB 955, A BILL TO 
BE ENTITLED AN ACT TO INCREASE EDUCATIONAL OPPORTUNITY BY 
AUTHORIZING THE CREATION AND FUNDING OF CHARTER 
SCHOOLS, WHICH ARE DEREGULATED SCHOOLS UNDER PUBLIC 
CONTROL. Pursuant to your message that your Honorable Body has adopted the 



June 21, 1996 



1996] SENATE JOURNAL 293 

report of the Conferees, we have ordered the bill enrolled. 

Respectfully, 

S/Denise Weeks 
Principal Clerk 

A special message received from House of Representatives transmitting a bill 
for concurrence is presented to the Senate, read, and disposed of, as follows: 

S.B. 1301 (Committee Substitute), a bill to make various technical amendments 
to the General Statutes as recommended by the General Statutes Commission and 
to make other technical corrections to the General Statutes, for concurrence in 
House Amendments No. 1, No. 2, No. 3, and No. 4. 

On motion of Senator Hartsell, the rules are suspended, without objection, and 
the Committee Substitute bill is placed before the Senate for immediate consider- 
ation upon concurrence. 

The Senate concurs in House Amendments No. 1, No. 2, No. 3, and No. 4 
(43-0) and the Committee Substitute bill is ordered enrolled. 

CALENDAR (June 21 Supplemental Calendar Continued) 

The following bills received on a message from the House of Representatives 
earlier today are taken up out of their regular order of business and disposed of, 
as follows: 

S.B. 1165 (Committee Substitute), a bill to allow counties to remove vehicle 
registration tax block upon full payment of property taxes, for concurrence in 
House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (43-0) and the Committee 
Substitute bill is ordered enrolled. 

H.B. 1098, a bill to provide that Cumberland County and the cities located in 
that County may require issuance of a building permit for the replacement and 
disposal of roofing, upon second reading. 

The Chair rules the bill does not require a call of the roll. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1181, a bill to grant authority to the City of Lumberton to address aban- 
doned structures in the same manner as municipalities in counties with a popula- 
tion of over one hundred sixty-three thousand. 

The bill passes its second and third readings and is ordered enrolled. 

PERSONAL PRIVILEGE 

Senator Basnight, President Pro Tempore, rises to a point of personal privilege. 
With unanimous consent, on motion of Senator Soles, the remarks of Senator 
Basnight are spread upon the Journal, as follows: 

By Senator Basnight: 

"Mr. President and Members of the Senate, I want to thank some long-term 
friends, long-time friends and people who have been with this Body and a part of 



June 21, 1996 



294 SENATE JOURNAL [Second Session 

our family; some for a short period of time and some for longer periods. From 
Dan Simpson and Senator Parnell, or Senator Simpson and Senator Parnell up to 
our younger Members of Hobbs and possibly, to some extent, Blackmon, and I 
speak today — tonight, to say farewell to Senators Blackmon, Edwards, Hobbs, 
Parnell, Sherron, Simpson, and Smith. They've been special to all of us in a 
number of different ways. They've all contributed greatly in their own field, given 
of their own knowledge, of their own time to speak to the various bills that we've 
all been a part of. We all understand that none of us independently and alone by 
ourselves succeed in passing and being a part of a Body to see that the passage is 
one that serves this State includes all of us. I've sat here and watched and learned 
from those who were here before me and even those who came at some later 
point in time of this group of very, very special Senators. I want to thank each 
and every one of you for your service. I hope that many of you can come back 
one day, hopefully, if you so desire. But if not, I do as behalf — on behalf of this 
Senate, as its President Pro Tern, thank you for those contributions and God send 
in all your endeavors." 

The Senate acknowledges Senator Blackmon, Senator Edwards, Senator Hobbs, 
Senator Parnell, Senator Sherron, Senator Simpson, and Senator Smith with a 
prolonged standing ovation. 

CALENDAR (June 21 Supplemental Calendar Continued) 

H.B. 1211 (Committee Substitute), a bill to revise and consolidate the Charter of 
the Town of Kill Devil Hills, upon second reading. 

With unanimous consent, the Committee Substitute bill is taken up out of its 
regular order of business. 

The Chair rules the Committee Substitute bill does not require a call of the roll. 

The Committee Substitute bill passes its second and third readings and is 
ordered enrolled. 

H.B. 1366, a bill to revise and consolidate the Charter of the City of Washington, 
upon second reading. 
With unanimous consent, the bill is taken up out of its regular order of business. 
The Chair rules the bill does not require a call of the roll. 
The bill passes its second and third readings and is ordered enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.B. 1377, an act establishing the Harmon Field Board of Supervisors for admin- 
istration of Harmon Field located in Polk County. (Ch. 685) 

S.B. 1411, an act to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of 
the constituent institutions of the University of North Carolina and the University 
of North Carolina Hospitals at Chapel Hill. (Ch. 686) 

S.B. 507, an act to amend the Charter of the City of Durham to permit the City 
Council to specially assess benefited property for the cost of extending water and 



June 21, 1996 



1996] SENATE JOURNAL 295 

sewer lines to property located outside of the city limits when requested by the 
Board of Commissioners of Durham County without the necessity of a petition for 
such improvements being submitted. (Ch. 687) 

S.B. 323 (House Committee Substitute No. 2), an act to provide that observers 
at a precinct's voting place need not be registered voters in that precinct but shall 
be registered voters in the county and to amend the law governing access to voter 
registration information. (Ch. 688) 

S.B. 684, an act amending the Charter of Durham to authorize the making of 
emergency repairs to nonresidential buildings. (Ch. 689) 

S.B. 709 (House Committee Substitute No. 3), an act to allow the consolidation 
of human services by counties, to make provisions relative to the State and federal 
funding streams for consolidated human services functions, to provide that the 
membership of a consolidated human services board shall be appointed solely by 
the Board of County Commissioners, and to change the status of county employees 
of a consolidated county human services agency with regard to their coverage 
under the State Personnel Act. (Ch. 690) 

S.B. 1179, an act to provide a grace period for military personnel to list and pay 
property taxes after deployment in connection with Operation Joint Endeavor. 
(Ch. 691) 

S.B. 1244 (House Committee Substitute), an act to exclude the Wallace Airport 
from consideration as a satellite area in determining the total noncontiguous terri- 
tory that the Town of Wallace may annex. (Ch. 692) 

S.B. 1393 (House Committee Substitute), an act to clarify the status of certified 
employees of the Mecklenburg County and Catawba County Sheriffs' Offices for 
eligibility for benefits afforded to law enforcement officers through the North 
Carolina Local Governmental Employees' Retirement System. (Ch. 693) 

H.B. 1162 (Committee Substitute), an act to prohibit the use of ineligible voter's 
testimony about how the vote was cast; to give the person protesting the election 
the right to call for a new election when the number of ineligible voters exceeds 
the margin of victory; and to make related changes. (Ch. 694) 

H.B. 1182, an act to delete the unnecessary "L' endorsement for a commercial 
drivers license. (Ch. 695) 

H.B. 1094, an act to prohibit the imposition of a failure to pay penalty when 
additional tax due is paid at the time an amended return is filed or within thirty 
days after the additional tax was assessed. (Ch. 696) 

H.B. 1272, an act to remove certain described property from the corporate limits 
of the City of Statesville. (Ch. 697) 

S.B. 540 (House Committee Substitute), an act to provide for election of all the 
members of the Rockingham City Council for four-year terms. (Ch. 698) 



June 21, 1996 



296 SENATE JOURNAL [Second Session 

S.B. 1201 (House Committee Substitute), an act to permit the Lumberton 
Firemen's Supplementary Pension Fund to increase the monthly benefits to its 
members. (Ch. 699) 

H.B. 1116, an act to abolish the Clinton-Sampson Agri-Civic Center 
Commission. (Ch. 700) 

H.B. 1132 (Committee Substitute), an act requiring the payment of delinquent 
taxes in Currituck County before the issuance by the County of subdivision 
approval. (Ch. 701) 

H.B. 1205, an act to allow the County of Dare to acquire property for use by 
the County Board of Education. (Ch. 702) 

H.B. 1234 (Committee Substitute), an act to allow Martin, Person, and Vance 
Counties to acquire property for use by the County Board of Education. (Ch. 703) 

H.B. 1286, an act to prohibit hunting from the right-of-way of public roads in 
Northampton County. (Ch. 704) 

H.B. 1313, an act to allow Wilson County to acquire property for use by the 
County Board of Education. (Ch. 705) 

H.B. 1314 (Committee Substitute), an act to allow Halifax, Nash, and Wilson 
Counties to acquire and otherwise make available property for use by the Board of 
Trustees of a Community College within the county. (Ch. 706) 

H.B. 1357 (Committee Substitute), an act to exempt the annexation of the 
Edenton Airport from the ceiling on satellite annexations by the Town of Edenton. 
(Ch. 707) 

H.B. 1383, an act to authorize the Town of Cerro Gordo to convey by private 
sale certain property to Eugene Green. (Ch. 708) 

H.B. 1397, an act authorizing Columbus County to enter into leases for terms 
not longer than twenty years. (Ch. 709) 

H.B. 1424, an act to add Caswell and Person Counties to those counties autho- 
rized to establish the boundaries between and among them by the use of orthopho- 
tography. (Ch. 710) 

H.B. 1258, an act to authorize the University of North Carolina to retain the net 
proceeds from sale of the former residence of the Chancellor of Winston-Salem 
State University for application toward purchase of the successive residence for the 
Chancellor. (Ch. 711) 

S.B. 359 (House Committee Substitute), an act to make it a felony offense to 
impersonate a law enforcement officer by unlawfully operating a motor vehicle 
with an operating blue light. (Ch. 712) 



June 21, 1996 



1996] SENATE JOURNAL 297 

S.B. 855 (House Committee Substitute No. 2), an act to authorize public hospi- 
tals to develop various managed care organizations and managed care products 
with providers and insurers, to amend the Public Records Law, and to provide a 
health care personnel registry. (Ch. 713) 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives transmitting 
bills and a resolution which are read the first time and disposed of, as follows: 

H.J.R. 1459, a joint resolution condemning arson, vandalism, and bomb threats 
against predominantly Black churches and supporting efforts to investigate and 
solve these crimes. 

On motion of Senator Rand, the rules are suspended, without objection, and the 
joint resolution is placed before the Senate for immediate consideration upon its 
passage. 

The joint resolution passes its second (42-0) and third readings and is ordered 
enrolled. 

H.B. 1458, a bill to raise the penalty for burning of religious structures. 
On motion of Senator Rand, the rules are suspended, without objection, and the 
bill is placed before the Senate for immediate consideration upon its passage. 
The bill passes its second (44-0) and third readings and is ordered enrolled. 

H.B. 1237 (Committee Substitute No. 2), a bill to ensure area authority financial 
stability and delivery of adequate services to clients. 

On motion of Senator Rand, the rules are suspended, without objection, and the 
Committee Substitute bill No. 2 is placed before the Senate for immediate 
consideration upon its passage. 

The Committee Substitute bill No. 2 passes its second (43-0) and third readings 
and is ordered enrolled. 

With unanimous consent, the Chair declares the Senate in recess to await bills 
for ratification. 

RECESS 

The Senate is called to order by the Honorable Dennis A. Wicker, Lieutenant 
Governor, who calls for messages from the House of Representatives. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives transmitting 
bills for concurrence which are for presented to the Senate, read, and disposed of, 
as follows: 

S.B. 1294, a bill to conform the motor vehicle laws to the federal deregulation 
of trucking and to make technical changes to the motor vehicle laws, for 
concurrence in House Amendment No. 1. 

On motion of Senator Rand, the rules are suspended, without objection, and the 
bill is placed before the Senate for immediate consideration upon concurrence. 



June 21, 1996 



298 SENATE JOURNAL [Second Session 

The Senate concurs in House Amendment No. 1 (39-0) and the bill is ordered 
enrolled. 

S.B. 1380, a bill authorizing Durham County to accept payments in lieu of 
required street and sidewalk construction, for concurrence in the House Committee 
Substitute bill, which changes the title, upon concurrence, to read S.B. 1380 
(House Committee Substitute), a bill authorizing Durham County to accept pay- 
ments in lieu of required sidewalk construction. 

On motion of Senator Rand, the rules are suspended, without objection, and the 
House Committee Substitute bill is placed before the Senate for immediate 
consideration upon concurrence. 

The Senate concurs in the House Committee Substitute bill (39-0) and the 
measure is ordered enrolled. 

With unanimous consent, the Chair declares the Senate in recess to await bills 
for ratification. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and a resolution properly enrolled 
and they are duly ratified and sent to the Office of the Secretary of State: 

S.B. 470 (House Committee Substitute), an act to create the Good Funds Settle- 
ment Act, and to amend the definitions under the Registration Requirements Act 
for certain makers of mortgages and deeds of trust on residential real property. 
(Ch. 714) 

S.B. 833, an act to require that vehicles making frequent stops on highways be 
equipped with flashing amber lights. (Ch. 715) 

S.B. 1139 (House Committee Substitute), an act to implement the recommenda- 
tion of the Joint Legislative Education Oversight Committee to implement the 
State Board of Education's ABC's plan in order to establish an accountability 
model for the public schools to improve student performance and increase local 
flexibility and control, and to make conforming changes. (Ch. 716) 

H.B. 1125, an act to allow one-stop ballots to be directly inserted in optical scan 
tabulators in various counties as if the ballots were being voted at the precinct. 
(Ch. 717) 

H.B. 1355 (Committee Substitute), an act to extend up to twenty years the 
period to repay special assessments in the City of Fayetteville. (Ch. 718) 

H.B. 9 (Senate Committee Substitute), an act to expedite the postconviction 
process in North Carolina. (Ch. 719) 



June 21, 1996 



1996] SENATE JOURNAL 299 

H.B. 779 (Committee Substitute), an act to create the North Carolina Board of 
Employee Assistance Professionals and to provide for the licensing of employee 
assistance professionals. (Ch. 720) 

H.B. 1135 (Senate Committee Substitute), an act to repeal the statute that 
named "New Road" in Craven County, to authorize Craven County to levy an 
additional room occupancy tax, and to revise the existing Craven County room 
occupancy tax. (Ch. 721) 

H.B. 1138 (Committee Substitute), an act to grant additional authority to the 
Town of Apex to charge fees in lieu of parkland or open space dedication based on 
a per-unit formula and to condition site plan approval upon dedication, reserva- 
tion, improvement, or payment of fees in lieu. (Ch. 722) 

H.B. 1187, an act to permit the local boards of education in certain counties to 
schedule longer school days so as to offset days lost due to inclement weather. 
(Ch. 723) 

H.B. 1208, an act to permit the local boards of education in certain counties to 
schedule longer school days so as to offset days lost due to inclement weather. 
(Ch. 724) 

S.B. 33 (House Committee Substitute No. 2), an act to make various changes in 
the criminal jurisdiction of district and superior court and to make various criminal 
law procedural changes. (Ch. 725) 

S.B. 534 (House Committee Substitute), an act to amend the law regulating 
surety bondsmen, bail bondsmen, and runners. (Ch. 726) 

H.B. 879 (Senate Committee Substitute), an act to amend the State's gun laws 
to establish statewide uniform regulation. (Ch. 727) 

H.B. 934 (Senate Committee Substitute), an act to make clarifying, conforming, 
and technical changes to various laws relating to environment, health, and natural 
resources and related laws. (Ch. 728) 

H.B. 1086 (Senate Committee Substitute), an act to make technical corrections 
in the 1995 workers' compensation insurance loss costs rating laws. (Ch. 729) 

H.B. 1199 (Committee Substitute), an act to revise the definition of nonfleet 
motor vehicle to allow flexibility for the number of automobiles that may be 
written under a personal automobile insurance policy as recommended by the 
Legislative Research Commission's Committee on Insurance and Insurance- 
Related Issues and to provide that there are no reinsurance facility recoupment 
surcharge or safe driver incentive plan surcharges for certain accidents occurring 
during responses to emergencies. (Ch. 730) 

H.B. 955 (Senate Committee Substitute), an act to increase educational 
opportunity by authorizing the creation and funding of charter schools, which are 
deregulated schools under public control. (Ch. 731) 



June 21, 1996 



300 SENATE JOURNAL [Second Session 

H.B. 1098, an act to provide that Cumberland County and the cities located in 
that County may require issuance of a building permit for the replacement and 
disposal of roofing. (Ch. 732) 

H.B. 1181, an act to grant authority to the City of Lumberton to address 
abandoned structures in the same manner as municipalities in counties with a 
population of over one hundred sixty-three thousand. (Ch. 733) 

H.B. 1203 (Committee Substitute), an act to allow the appointment in certain 
circumstances of precinct officials, observers, and ballot counters for a precinct 
who are not registered to vote in that precinct. (Ch. 734) 

H.B. 1211 (Committee Substitute), an act to revise and consolidate the Charter 
of the Town of Kill Devil Hills. (Ch. 735) 

H.B. 1366, an act to revise and consolidate the Charter of the City of Washington. 
(Ch. 736) 

H.B. 1394, an act to allow the Counties of Graham and Cherokee to acquire 
property for use by the County Board of Education. (Ch. 737) 

H.B. 1417, an act relating to disclosure of business interest in Guilford County. 
(Ch. 738) 

S.B. 859 (House Committee Substitute), an act to amend the mental health 
commitment law to provide for diversion of potential Thomas S. class members to 
appropriate treatment. (Ch. 739) 

S.B. 1148, an act to provide additional coverage under the North Carolina Beach 
Plan as recommended by the Legislative Research Commission's Committee on 
Insurance and Insurance-Related Issues. (Ch. 740) 

S.B. 1165 (Committee Substitute), an act to allow counties to remove vehicle 
registration tax block upon full payment of property taxes. (Ch. 741) 

S.B. 1301 (Committee Substitute), an act to make various technical amendments 
to the General Statutes as recommended by the General Statutes Commission and 
to make other technical corrections to the General Statutes. (Ch. 742) 

S.B. 1328, an act to implement phase one of the restructuring of environmental 
programs in the Department of Environment, Health, and Natural Resources and 
to make conforming statutory changes, as recommended by the environmental pro- 
cess action team of the Department of Environment, Health, and Natural 
Resources and to make clarifying, conforming, and technical amendments to vari- 
ous laws relating to environment, health, and natural resources, as recommended 
by the Environmental Review Commission. (Ch. 743) 

H.B. 1164 (Committee Substitute), an act to provide for lien rights for persons 
who fabricate dies, molds, forms, or patterns and who fabricate products from dies, 
molds, forms, or patterns. (Ch. 744) 



June 21, 1996 



1996] SENATE JOURNAL 301 

H.B. 1301 (Committee Substitute), an act to provide that it is a Class F felony 
to abduct a child from any person, agency, or institution lawfully entitled to the 
child's custody as recommended by the North Carolina Child Fatality Task Force. 
(Ch. 745) 

H.B. 1083 (Senate Committee Substitute), an act to require first-class mail 
notice to all property owners in an area proposed for addition to a municipality's 
extraterritorial planning and zoning jurisdiction, proportional representation for 
residents of the ETJ on the planning agency, and a hearing before county appoint- 
ment of representation to the planning agency, to prohibit a municipality from 
claiming for lost tax revenue during the pendency of an appeal of annexation and 
to amend the statute of limitations for appealing the validity of a zoning ordinance. 
(Ch. 746) 

H.B. 1096, an act to transfer responsibility for collecting the remainder of the 
gross premiums tax from the Department of Insurance to the Department of 
Revenue and to clarify related statutes. (Ch. 747) 

H.B. 1166, an act to modify the required disclosure statement and eliminate 
duplicative reporting requirements under the Charitable Solicitations Act and to 
modify and clarify requirements for nongovernmental entities' accountability for 
State grants. (Ch. 748) 

H.B. 1237 (Committee Substitute No. 2), an act to ensure area authority financial 
stability and delivery of adequate services to clients. (Ch. 749) 

H.B. 1413, an act to allow Mecklenburg County to acquire property for a mag- 
net technical high school for use by its County Board of Education. (Ch. 750) 

H.B. 1458, an act to raise the penalty for burning of religious structures. 
(Ch. 751) 

S.B. 1146, a bill to repeal the law prohibiting licensed reinsurers from assuming 
reinsurance from nonadmitted insurers as recommended by the Legislative 
Research Commission's Committee on Insurance and Insurance-Related Issues and 
to make clarifying amendments in the 1995 assumption reinsurance law. 
(Ch. 752) 

S.B. 1183, an act regarding the jurisdiction of the Utilities Commission with 
regard to the resale of water or sewer service in apartments, condominiums, and 
similar places as recommended by the Joint Legislative Utility Review Committee. 
(Ch. 753) 

S.B. 1263 (Committee Substitute), an act to prohibit hunting from the right-of- 
way of public roads in Northampton County and to restrict hunting on the land of 
another in Macon County. (Ch. 754) 

S.B. 1386, an act to amend the Charter of the City of Durham to allow payment 
of assessments over a longer period and at a reduced interest rate in cases of 
special financial hardship. (Ch. 755) 



June 21, 1996 



302 SENATE JOURNAL [Second Session 

H.J.R. 1459, a joint resolution condemning arson, vandalism, and bomb threats 
against predominantly Black churches and supporting efforts to investigate and 
solve these crimes. (Res. 29) 

S.B. 1294, an act to conform the motor vehicle laws to the federal deregulation 
of trucking and to make technical changes to the motor vehicle laws. (Ch. 756) 

S.B. 1380 (House Committee Substitute), an act authorizing Durham County to 
accept payments in lieu of required sidewalk construction. (Ch. 757) 

With bills remaining on the Calendar {see Addendum), the hour having arrived 
for adjournment, sine die, as set by Resolution 15 of the 1995 Session Laws, the 
President concludes the business to come before the Senate. The Lieutenant 
Governor, Dennis A. Wicker, by the authority vested in him as President of the 
Senate, declares the Senate of the 1995 General Assembly adjourned, sine die. 



DENNIS A. WICKER 
President of the Senate 



SYLVIA MORRIS FINK 
Principal Clerk of the Senate 






June 21, 1996 



1996] SENATE JOURNAL 305 

It will be noted that a number of bills and resolutions passed second reading and 
then were read a third time on the same day. 

Rule 50 states: 

No bill on its third reading shall be acted upon out of the regular 
order in which it stands on the calendar, and no bill shall be acted 
upon on its third reading the same day on which it passed its 
second reading, unless so ordered by two-thirds of the membership 
of the Senate present and voting. 

In order to comply with this Rule, no bill which has passed its second reading is 
read a third time except: 

(1) when a member moves that the Rule be suspended, and this motion pre- 
vails by at least a two-thirds vote of the membership of the Senate present 
and voting, or 

(2) when the Chair determines that there is no objection from any member 
present, which constitutes unanimous consent that Rule 50 be suspended. 

In these cases, the bill is read a third time and remains before the Senate for 
further consideration. 



It will be noted the phrase "without objection" appears throughout the Senate 
Journal. Upon a motion offered, this reflects a determination by the Chair there 
is no objection from a member present, which constitutes unanimous consent, for 
the order of the Chair. 



It will be noted that when a bill passes its second reading and remains on the 
Calendar for further consideration, unless indicated otherwise, the measure is 
placed on the Calendar for the next legislative day in its regular order of business. 



It will be noted that Rule 20(2) of the House of Representatives requires that 
"all measures affecting a fee imposed by the State or any subdivision thereof" are 
classified roll-call measures for the purpose of spreading the ayes and noes on the 
Journal. Though the Senate Rules do not require, the Rule of the House of 
Representatives is honored and the measures are considered as roll-call measures, 
unless ruled otherwise by the presiding officer. 



It will be noted the Presiding Officer of the Senate rules in a number of 
instances that "the bill does not require a call of the roll" or "requires a call of the 
roll." The ruling is made pursuant to the following citation which reads: 

North Carolina Constitution — Article II 

Sec. 23. — Revenue bills. No laws shall be enacted to raise money 
on the credit of the State, or to pledge the faith of the State 
directly or indirectly for the payment of any debt, or to impose any 
tax upon the people of the State or to allow the counties, cities, or 
towns to do so, unless the bill for the purpose shall have been read 



306 SENATE JOURNAL [Second Session 

three several times in each house of the General Assembly and 
passed three several reading, which readings shall have been on 
three different days, and shall have been agreed to by each house 
respectively, and unless the yeas and nays on the second and third 
readings of the bill shall have been entered on the journal. 



It will be noted that numerical figures appear within parentheses throughout the 
Senate Journal. These figures represent the affirmative and negative votes cast 
and recorded electronically, pursuant to Senate Rule 25. Copies of the voting 
print-out are on file in the Legislative Library and the original is deposited in 
the Division of Archives and History of the Department of Cultural Resources. 
A recapitulation of votes taken electronically in sequential order is found on 
page 350. 

Sylvia Fink 
Principal Clerk 



1996] SENATE JOURNAL 307 

May 13, 1996 

NORTH CAROLINA GENERAL ASSEMBLY 

PRESIDENT PRO TEMPORE 

SENATOR MARC BASNIGHT 

RALEIGH 27601-2808 

April 29, 1996 

The Honorable Beverly Perdue 
Senate Appropriations Committee 
Post Office Box 991 
New Bern, North Carolina 28563 

The Honorable Aaron Plyler 
Senate Appropriations Committee 
2170 Concord Avenue 
Monroe, North Carolina 28110 

Dear Bev and Aaron: 

Pursuant to G.S. 120-19.6, you are authorized to activate the Senate Appropriations 
Committee on May 9th and May 10th for the 1996 budgetary session convening on 
May 13, 1996. 

Sincerely yours, 
S/Marc Basnight 

c: Honorable Harold Brubaker 
Ms. Sylvia Fink 
Mr. George Hall 



June 21. 1996 (See page 259) 

S.B. 1324 (Committee Substitute), a bill to make changes in the Administrative 
Procedure Act, to make changes in various laws granting the power to adopt rules, 
and to clarify the requirements concerning certain removals of underground 
storage tanks, as recommended by the Administrative Procedure Oversight Com- 
mittee. 

It will be noted that a vote of (43-3) appears upon the second reading on the 
passage of this Committee substitute bill for which there is no printed copy of the 
vote. Though announced by the President of the Senate as it appeared on the 
voting display board, the voting equipment printer malfunctioned causing the vote 
tabulation to be eliminated. Therefore, this vote is neither recorded in the voting 
equipment nor on a printed record; only as announced by the President of the 
Senate. 

Sylvia Fink 
Principal Clerk 



308 



SENATE JOURNAL 



[Second Session 



June 21. 1996 (See page 302) 



BILLS REMAINING ON THE CALENDAR 
UPON ADJOURNMENT SINE DIE JUNE 21, 1996 



LOCAL BILLS 



Committee Reporting 



LOCAL BILLS 



SECOND READING ROLL-CALL 



HB 1115 Bowen 

(Id S 1397) 



Fin 



HB 1145 Crawford 



Fin 



HB 1306 Thompson 



Fin 



HB 1307 Thompson 
Com Sub 

(2nd Ed.) 

HB 1370 Decker 

Com Sub 

(2nd Ed.) 



Fin 



HB 1378 Baker 



HB 1390 Pate 



HB 1412 Preston 

(2nd Ed.) 



Fin 



SECOND READING 



HB 1347 McAllister 

(Id S 1169) 



Sloop Point Incorporated (Pender) 

6/19 LocGov 

6/20 Fav; Reref Fin 

6/21 Fav; Rules Susp; Cal today (Supplemental) 

Henderson Annexation (Vance) 

6/19 LocGov 

6/20 Fav; Reref Fin 

6/21 Fav; Rules Susp; Cal today (Supplemental) 

Spruce Pine Deannexation (Mitchell) 

6/19 LocGov 

6/20 Fav; Reref Fin 

6/21 Fav; Rules Susp; Cal today (Supplemental) 

Spruce Pine Annexation 

6/21 Rules Susp; Cal today 



Summerfleld Corporate Limits (Guilford) 

6/19 LocGov 

6/20 Fav; Reref Fin 

6/21 Fav; Rules Susp; Cal today (Supplemental) 

Danbury Validation 

6/21 Rules Susp; Cal today 

Mount Olive Annexation 

6/21 Rules Susp; Cal today 

Peletier Incorporated (Carteret) 

6/19 LocGov 

6/20 Fav; Reref Fin 

6/21 Fav; Rules Susp; Cal today (Supplemental) 



Cumberland County School Bus Use OK'd 

6/12 LocGov 
6/17 Fav 

6/18 W/D Cal; Recommit LocGov 
LocGov 6/20 Fav; Rules Susp; Cal Today 



1996] SENATE JOURNAL 309 

BILLS REMAINING ON THE NEXT CALENDAR 

LOCAL BILLS Committee Reporting LOCAL BILLS 

THIRD READING ROLL-CALL 

HB 1379 Mitchell Iredell-Mooresville School Boundaries 

6/19 LocGov 
LocGov 6/20 Fav; Rules Susp; Cal Today 
6/21 Passed 2nd Rdg 



June 21. 1996 (See page 302) 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A special message received by the Principal Clerk from the House of 
Representatives transmitting a bill for concurrence was not presented to the Senate 
by the President prior to adjournment, sine die: 

S.B. 981, a bill to amend the qualified investment tax credit to provide an 
incentive for investment in small North Carolina film production businesses, for 
concurrence in the House Committee Substitute bill with House Amendment 
No. 1 not engrossed, which proposes to change the title, upon concurrence, to read 
S.B. 981 (House Committee Substitute), a bill to provide a one-time tax rebate to 
each individual taxpayer who resides in this State. 

Sylvia Fink, Principal Clerk 



June 21. 1996 (See page 302) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message received from the House of Representatives, the 
gavel having already fallen, was not presented to the Senate: 



House of Representatives 
June 21, 1996 



Mr. President: 



You are respectfully advised that in accordance with Resolution 15, A JOINT 
RESOLUTION SETTING THE TIME FOR ADJOURNMENT OF THE 1995 
GENERAL ASSEMBLY TO MEET IN 1996, LIMITING THE SUBJECTS 
THAT MAY BE CONSIDERED IN THAT SESSION, AND PROVIDING FOR 
ADJOURNMENT SINE DIE OF THE GENERAL ASSEMBLY, the House of 
Representatives has concluded the business before it and stands ready to adjourn 
sine die immediately upon receipt of information from your Honorable Body that 
you are ready to have adjournment declared. 

Respectfully, 
S/Denise Weeks 
House Principal Clerk 

Sylvia Fink, Principal Clerk 



310 



SENATE JOURNAL 



[Second Session 



1995 GENERAL ASSEMBLY REPORTS 

RECEIVED SINCE ADJOURNMENT SINE DIE 
OF THE SECOND SESSION OF THE 1993 GENERAL ASSEMBLY 

BOARDS, COMMISSIONS, AND AGENCIES DIRECTED TO REPORT TO THE 
GENERAL ASSEMBLY HAVE SUBMITTED THE FOLLOWING: 



AUTHORITY 



TITLE 



DIRECTED TO 

REPORT RECEIVED 



Ch. 321, Sec. 284 
1993 Session Laws 



Governor's Commission on Reduction 
of Infant Mortality, "Health Status of 
New and Expectant Mothers and 
Children in North Carolina" 



by 5/15/94 



9/15/94 



Ch. 743, 

1993 Session Laws 



Department of Human Resources, 
Progress Report on Steering Team 
for Domiciliary Care 



by 10/1/94 to 
Health Planning 
Commission and 
Commission on 
Aging; Final to 
1995 Session 



10/10/94 



G.S. 113 A- 88(d) Department of Environment, Health 
and Natural Resources, 1993-94 
Annual Report on State Trails System 



Annually 



10/14/94 



Ch. 561, Sec. 107; 
Ch. 769, Sec. 41, 
1993 Session Laws 



Department of Environment, Health 
and Natural Resources, Quarterly 
Report on Water Resources 
Development Projects 



Quarterly 



10/19/94 



Ch. 738, 

1987 Session Laws 



Ch. 542, Sec. 5(b) 
1993 Session Laws 



Department of Crime Control and 
Public Safety, "1995 Drug Control 
and System Improvement Strategies 

North Carolina System of Community 
Colleges, Quarterly Report of Bond 
Fund Expenditures 



10/27/94 



to Governmental 11/4/94 
Operations; Senate/ 
House Appropriations; 
Fiscal Research 



Ch. 689, Sec. 239(h), Department of Human Resources, to Governmental 12/15/94 

1991 Session Laws Division of Youth Services, Prison Bond Operations; Senate/ 

Quarterly Report House Appropriations; 

Fiscal Research 



G.S. 120-30.17(9) 



Ch. 769, Sec. 21 
1993 Session Laws 



Medical Care Commission, Emergency 
Prehospital Cardiac Care and Recovery 
Care/Ambulatory Surgical Centers 

Department of Administration, Division 
of Purchase and Contract, Correction 
Enterprises Report of Sales for 
FY 1994 to State agencies and 
departments 



1995 Session 12/28/94 



by 1/1/95 to 1/3/95 

Governmental 
Operations; Senate/ 
House Appropriations 
on Justice & Public 
Safety 



1996] 



SENATE JOURNAL 



311 



1995 GENERAL ASSEMBLY REPORTS (Continued) 



AUTHORITY 



TITLE 



DIRECTED TO 

REPORT RECEIVED 



Ch. 542, Sec. 14 
1993 Session Laws 



Ch. 769, Sec. 27.2 
1993 Session Laws 



Department of Environment, Health, and 1/1 Annually 
Natural Resources, Minority Business 
Report for Wastewater Projects Funded 
by Clean Water Bonds 



1/20/95 



Wildlife Resources Commission, Fiscal 
Report on the Condition of the 
Wildlife Fund 



by 1/12/95 to 1/20/95 
General Assembly; 
Fiscal Research 



Ch. 771, Part HI 
1993 Session Laws 



Election Laws Review Commission 



by 1/25/95 



1/25/95 



G.S. 90-210.70(d) 



Ch. 321, Sec. 302 
1993 Session Laws 



G.S. 105 -503(b) 



G.S. 130A-310 



G.S. 143B-181.1A 



Ch. 769, Sec. 15 
1993 Session Laws 



Board of Mortuary Science, Record of Annually 1/26/95 

Complaints, Auditing, and Enforcement 
Annual Report 

Department of Commerce, Report on Annually by 2/8/95 

Petroleum Overcharge Expenditures for 1/31 
April 1 through November 30, 1994 

Local Government Commission, Annually by 2/15/95 

Report on County Spending for Public 2/15 
School Capital Outlay 

Department of Revenue, Office of the State 2/16/95 

Controller, Office of State Budget and Management, 
North Carolina Summary of Financial Condition, 
January 31, 1995 

Department of Environment, Health and Annually by 2/21/95 

Natural Resources, Inactive Hazardous 2/15 
Sites Program 

Department of Human Resources, 3/1/95 

Division of Aging, 1995 State Aging Services Plan 

Office of State Controller, Report of by 3/1/95 3/2/95 

Review of Department of Revenue's Chart 
of Accounts 



Ch. 689, Sec. 239(h) 
1991 Session Laws 



Ch. 769, Sec. 25.22 
1993 Session Laws 



Department of Human Resources, 
Division ofYouth Services, Progress 
Report on Prison Bond Package 
projects 



Quarterly to 3/8/95 

Senate/House 

Appropriations; 

Senate Base Budget; 

Fiscal Research; 

Governmental 

Operations 



Department of Human Resources, by 3/15/95 

Progress Report on Budgetary Impact of 
Additional Beds in Domiciliary Care Facilities 



3/16/95 



312 



SENATE JOURNAL 



[Second Session 



1995 GENERAL ASSEMBLY REPORTS ^Continued) 



AUTHORITY 



TITLE 



DIRECTED TO 

REPORT RECEIVED 



Department of Revenue, Office of the State 
Controller, Office of State Budget and Management, 
North Carolina Summary of Financial Condition, 
February 28, 1995 



3/16/95 



Ch. 561, Sec. 80 
1993 Session Laws; 
Ch. 24, Sec. 40 
Extra Session 1994 



Ch. 769, 
Sec. 25.44(a) 
1993 Session Laws 



Ch. 769, 
Sec. 25.44(b) 
1993 Session Laws 



Ch. 24, Sec. 30 
1994 Extra Session 



Administrative Office of the Courts, 
Report on Teen Court Programs 



Department of Human Resources, 
Division of Social Services, Goals and 
Services Provided by Appropriations 
to State Maternity Home Fund 

Department of Human Resources, 
Goals and Services Provided by 
Appropriations to Children's Home 
Society of NC 



by 3/15/95 to 3/21/95 
Senate/House 
Appropriations on 
Justice & Public 
Safety; Governmental 
Operations 

by 3/15/95 to 3/27/95 
General Assembly; 
Fiscal Research 



by 3/15/95 to 3/27/95 
General Assembly; 
Fiscal Research 



Ch. 769, Sec. 28.7(g) 
1993 Session Laws 



Department of Human Resources, by 2/1/95 

Progress Report of Support our Students 
(S.O.S.) Program 

Department of Commerce, Review of by 1/15/95 
Current Regional Economic Development 
Funding 



G.S. 158-8.3(e)(5) 
G.S. 158-8.2(f)(4) 
G.S. 113-77.7 



G.S. 115C-12(16) 
Ch. 769, Sec. 19(a) 
1993 Session Laws 

G.S. 158-8.1(e)(5) 



Ch. 769, 
Sec. 25.34(b) 
1993 Session Laws 



Southeastern North Carolina Regional Annually by 
Economic Development Commission 3/31 

Northeastern North Carolina Regional Annually by 
Economic Development Commission 3/31 

Department of Environment, Health, Annually 
and Natural Resources Annual Report of 
the NaturalHeritage Trust Fund 

Department of Public Instruction, Report by 3/31/95 
on Salaries for Noncertified Public 
School Employees 



Western North Carolina Regional 
Economic Development Commission 
Annual Report 



Annually by 
3/31 



3/27/95 



3/30/95 



4/4/95 



4/4/95 



4/4/95 



4/4/95 



4/4/95 



by 3/15/95 to 4/5/95 



Department of Human Resources, 

Providing Subsidized Day Care for More General Assembly; 

Eligible Children in North Carolina Fiscal Research 



1996] SENATE JOURNAL 313 

1995 GENERAL ASSEMBLY REPORTS (Continued^ 

DIRECTED TO 
AUTHORITY TITLE REPORT RECEIVED 

G.S. 113A- 193(b) Department of Environment, Health, Biennially by 4/6/95 

Ch. 761, Sec. 120 and Natural Resources, Forest 1/15 

1983 Session Laws Development Program 

G.S. 130A-124 Department of Environment, Health, Annually 4/12/95 

and Natural Resources, Status Report on the 
Adolescent Pregnancy Prevention Program 

G.S. 113A-164.4 Department of Environment, Health, Biennially by 2/15 4/17/95 
and Natural Resources, Biennial Report to General Assembly; 
of the Natural Heritage Program Governor 

Department of Revenue, Office of the State 4/18/95 

Controller, Office of State Budget and Management, 
North Carolina Summary of Financial Condition, 
March 31, 1995 

Ch. 321, Sec. 219 Department of Human Resources, Annually by 5/1 5/1/95 

1993 Session Laws Annual Report on Cassell. et al. V. 

Britt. et al. Activities and Expenditures 

G.S. 7A-38 Administrative Office of the Courts by 5/1/95 5/1/95 

Evaluation of the Mediated Settlement 
Conference Program 

Ch. 363 and Department of Justice, Report on by 5/1/95 5/1/95 

Ch. 399 Mediation Programs at the Industrial 

1993 Session Laws Commission and the Office of Administrative 
Hearings 

Ch. 321, Sec. 216 Department of Public Instruction, by 5/1/95 to 5/4/95 

1993 Session Laws Developmental Day Centers' General Assembly; 

Grant-in-Aid Fiscal Research 

Ch. 769, Sec. 25.3 Department of Human Resources, Annually by 4/1 5/9/95 

1993 Session Laws Final Report for the Thomas S. Program 

Ch. 321, Sec. 208(e) Department of Human Resources and Annually by 5/1 5/9/95 
1993 Session Laws Department of Public Instruction, Willie M. 
Program 1994-1995 

G.S. 136- 12(b) Department of Transportation, 1995 30 days prior to 5/10/95 

Transportation Improvement Program approval of reports 
Draft Reports 

Ch. 769, Sec. 25.37 Department of Human Resources, Foster by 4/30/95 to 5/11/95 
1993 Session Laws Care Report Governor; 

Fiscal Research 

Department of Revenue, Office of the State 5/16/95 

Controller, Office of State Budget and Management, 
North Carolina Summary of Financial Condition, 
April 30, 1995 



314 



SENATE JOURNAL 



[Second Session 



1995 GENERAL ASSEMBLY REPORTS fContinued) 



AUTHORITY 



TITLE 



DIRECTED TO 

REPORT RECEIVED 



G.S. 115C-301 (g)(2); Department of Public Instruction, Report Annually by 5/1 5/22/95 
G.S. 115C-21.1(b) on Class Size Overages, Teacher and Daily 

Load Overages, Schools with Class Size 

Waivers, and Teacher Positions Converted 

to Other Use 



G.S. 143B-181. 55(b) 



Senior Tarheel Legislature Report of 
Recommendations 



1995 Session 



Ch. 24, Sec. 38 
1994 Extra Session 



G.S. 143B-10 
G.S. 131A-19 



Ch. 542, Sec. 10(j) 
1993 Session Laws 



Ch. 769, Sec. 25.43 
1993 Session Laws 



G.S. 130A-309.14 



Department of Revenue, Office of the State 
Controller, Office of State Budget and Management, 
North Carolina Summary of Financial Condition, 
May 31, 1995 



Administrative Office of the Courts, 
Report on Use of Deferred Prosecution 
Programs in North Carolina. 



1995 Session 



Employment Security Commission Reorganization 

Department of Human Resources, Annually 

"The Health Care Facilities Finance Act 
Annual Report June 30, 1995" 



6/1/95 
6/20/95 

7/4/95 

7/5/95 
7/17/95 



Department of Environment, Health, by 7/31 Annually 7/26/95 
and Natural Resources, "Consolidated Report 
on the Clean Water Bond Loan Program 
Fiscal Year 1995" 



Department of Human Resources, by 3/15/95 

Division of Social Services, Report on 
Reimbursement Discrepancies for Child 
Caring Institutions 

Department of Environment, Health, Annually 
and Natural Resources, "Solid Waste 
Management Fourth Annual Report 
July 1, 1993-June 30, 1994" 



G.S. 143B-39(14)(15) 
Ch. 769, Sec. 10.1 
1993 Session Laws 

G.S. 143B-152.10 



G.S. 9O-210.70(d) 



Ch. 316 

1995 Session Laws 



Office of the State Controller, 1995 Session 

"North Carolina Information Highway Report" 



7/27/95 



8/11/95 



8/21/95 



Department of Human Resources, 
"Family Resource Centers Annual 
Report 1994-95" 

North Carolina Board of Mortuary 
Science, "AnnualReport - Record of 
Complaints, Auditing and Enforcement" 

Administrative Office of the Courts, 
Report on Equitable Distribution Cases 



by 10/1 Annuallyl0/19/95 



Annually 



1/1/96 



12/29/95 



1/2/96 



1996] 



SENATE JOURNAL 



315 



1995 GENERAL ASSEMBLY REPORTS (Continued^ 



AUTHORITY 



TITLE 



DIRECTED TO 

REPORT RECEIVED 



Ch. 507, Sec. 26.9(1) Heart Disease and Stroke Prevention 
1995 Session Laws Task Force, Preliminary Report 



Prelim. 1/1/96; 
Interim 5/13/96; 
Final 10/1/96 



Ch. 507, Sec. 23.11 A Department of Human Resources, Quarterly 

1995 Session Laws "Domiciliary Care Report for the Second 

Quarter of SFY 1995-96" 
G.S. 147-68 Department of State Treasurer, Annually 

"Annual Report Fiscal Year 1994-1995" 



Ch. 324, Sec. 26.1 
1995 Session Laws 



Ch. 333 

1995 Session Laws 

Ch. 507, Sec. 21.2 
1995 Session Laws 



Department of Environment, Health, Annually 
and Natural Resources, "Report of 
Inactive Hazardous Sites Cleanup Fund 
Cost Contribution for Voluntary Remedial 
Actions 1995-1996 Fiscal Year" 

Supreme Court of North Carolina, 5/1/96 

"Report on a Case Flow Management Plan" 



North Carolina Sentencing and Policy 
Advisory Commission, "Recidivism of 
Offenders Assigned to Community 
Corrections Programs or Released from 
Prison in North Carolina: Fiscal Year 
1992-93" 



Ch. 507, Sec. 8.5(d) Joint Legislative Study Commission on 
1995 Session Laws Job Training Programs, Interim Report 



5/1/96 



Interim 5/1/96 
Final 1/29/97 



G.S. 143-577 



Ch. 769, Sec. 28.21; 
1993 Session Laws 
Ch. 507, Sec. 27.3 
1995 Session Laws 



North Carolina Child Fatality Task Force, 
"Our Children, Our Future, Our Responsibility' 



Piedmont Sports and Entertainment 
Facilities Study Commission 



1996 Session 



Department of Revenue, Office of the State 
Controller, Office of State Budget and Management, 
North Carolina Summary of Financial Condition, 
May 31, 1996 



1/2/96 

1/22/96 
2/12/96 
3/26/96 

5/1/96 
5/1/96 



5/3/96 
5/22/96 
5/27/96 

6/19/96 












316 



SENATE JOURNAL 



[Second Session 



SUMMARY OF BILLS AND RESOLUTIONS 

REMAINING IN THE SENATE 

1995 SESSION 

SECOND SESSION 1996 



The following bills and resolutions remain in the Senate upon adjournment_sme 
die to be transferred to the Division of Archives and History of the Department of 
Cultural Resources upon adjournment sine die of the 1997 General Assembly in 
accordance with G.S. 120-37(f). 



Bill No. Short Title 

CONFERENCE COMMITTEE 

S 58 Voter Reg. Cleanup 

S 737 Elec. Funds Iransfer/Counties/AB 

S 1078 Character Education Required 

H 3 Taxpayer Protection Act 

H 300 Contract Revisions 

H 659 Duplin Road Hunting 

H 661 Halifax School Board Vacancy 

H 910 Child Bicycle Safety Act 

H 1108 Modify Budget 

HOUSE MESSAGE RECEIVED 

S 981 One Time Tax Rebate 



RECALLED FROM ENROLLING 

H 1375 Whiteville School Elections (Columbus) 

HELD AS FILED 

S 285 Mem. Cong./Exempt Water Systems 

S 614 Pitt/Eliminate Public Defender 

S 926 Naval Air Station/Cherry Point 

S 1097 Taiwan/United Nations Participation 

S 1354 Secondary Road Paving Limitation 

S 1423 Magistrate Registration Tags 

S 1437 Mountain Area Local Act-2 

(Sen. District 29) 

S 1441 Capital Case Jury Instructions 

S 1442 First Degree Murder/Guilty Plea 

S 1469 Waiver/Parole Hearing 

S 1476 Nonbetterment Utilities Relocation 

S 1478 Gang Crime/Enhanced Penalties 

S 1481 Fraudulent IDs/Felony Offense 

H 114 Alamance School Merger/ 
Richmond Hosp. 

H 457 American Sign Language, Recognize 
H 1055 N.C. Women Legislators, Honoring 
H 1084 Annexation Changes/Smaller Cities 
H 1101 Local Sales Taxes 



Identical Bill/Last Action or Note 



H 102/ H ppi 



S 66/ S Fin (see H 898/Ch. 542) 



Rec'd for Concurrence/ 
House Com Sub 



Held/ Rule 40(b) 
Held/ Rule 40 
Held/ Rule 40(b) 
H 1056/ Rules 
Held/ Rule 43 
Held/ Rule 43 

Held/ Rule 43 
Held/ Rule 43 
Held/ Rule 43 
Held/ Rule 43 
Held in Clerk's Office 
Held/ Rule 43 
Held/ Rule 43 

Ordered Held by Senate 
(see S 663/Ch. 432; S 725/Ch. 597; 
H 706/Ch. 540) 
Held/ Rule 43 
S 1095/ H Rules 
S 1184/ Held/ Rule 43 
S 1136/ Held/ Rule 43 



1996] 



SENATE JOURNAL 



317 



Summary of Bills/Resolutions Remaining in Senate 

HELD AS FILED (Continued) 

Bill No. Short Title Identical Bill/Last Action or Note 



H 1179 Witer and Sewer, Resale 
H 1252 Wentworth Incorporation (Rockingham) 
H 1324 Sex Offender Post-Release Supervision 
H 1410 Mem./Peleg Dameron Midgett, Jr. 

UNFAVORABLE 

S 275 Lieutenant Governor Part-Time 
H 674 Guilford Commissioners 
H 710 High Point Elections 

FAILED TO PASS 

S 296 Lake Royale Motor Vehicle Laws 
S 338 District Court \&cancies 
S 577 CPA Education Requirements 
S 624 State Lottery Referendum - 1995 
S 634 Loop Funds May be Reallocated 

H 12 Term limits/Election Reform 
H 113 Criminal Justice Records Access 

POSTPONED INDEFINITELY 

S 1155 Hospital Reimbursement 



S 1183/ Held/ Rule 43 
Held/ Rule 43 
S 1296/ Held/ Rule 43 
Held/ Rule 43 



(see S 1388/S Appr; S 1410/S Fin) 
H 777/ H Transp 

S 70/ S Jud I 



H 1088/ Ch. 548 



TABLED 



NONE 



REMAINING ON CALENDAR 

H 1115 Sloop Point Incorporated (Pender) 

H 1145 Henderson Annexation (\ance) 

H 1306 Spruce Pine Deannexation (Mitchell) 

H 1307 Spruce Pine Annexation (Mitchell) 

H 1347 Cumberland Co. School Bus Use 

H 1370 Summerfield Corporate Limits (Guilford) 

H 1378 Danbury \&lidation (Stokes) 

H 1390 Mount Olive Annexation (Wayne/Duplin) 

H 1412 Peletier Incorporated (Carteret) 

FOR FUTURE CALENDAR 

S 1496 Mem./Charles Melvin Creecy 

H 1379 Iredell-Mooresville School Boundaries 



S 1397/ Ch. 643 



S 1169/ Ch. 562 



(see S 1492/Res. 25) 



AGRICULTURE/ENVIRONMENT/NATURAL RESOURCES 

S 147 Monitor Effects of Pesticide Use 

S 148 Private Pesticide Applicators 

S 149 Pesticide Board/At-Large Members 

S 150 Members/Pesticide Advisory Committee 

S 169 Inspect/Monitor Oil Terminals 

S 199 Pesticide Law Amendments 

S 230 Lie. of Poultry & Ratite Dealers 

S 386 Watershed Exemption 

S 394 Zoning/Intensive Hog Operations 

S 410 On-Site Wastewater System Contractors 

S 518 Water Supply Watershed Act Improvements 

S 722 Raccoons As Pets 

S 804 Environmental Impacts on Rivers H 874/ H Hlth&Envir 



(see H 230/Ch. 507) 
H 117/ H Agric 
H 238/ H ppi 
H 491/ Ch. 301 
H 523/ H Agric 






318 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
AGRICULTURE/ENVIRONMENT/NATURAL RESOURCES (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



S 860 Environmental Permitting, Expedite 

S 891 Solid Waste Amendments 

S 962 Watershed Protection Repeal 

S 1023 Interbasin Transfers 

S 1112 Shellfish Leases In Core Banks 

S 1191 Endorsement to Sell Sunset 

S 1193 Fisheries Moratorium Report Date 

S 1194 Employees/ Shellfish Leases/Franchises 

S 1277 Unlined Landfills/Temporary Extension 

S 1314 Nitrogen Reduction Goal 

S 1345 Animal Waste Permits/Inspections 

S 1348 Well and Pump Contractors 

H 601 Pesticide Applicator Licensing 

H 1338 Environmental Mgmt Comn Members 

APPROPRIATIONS 

S 17 Teacher Staff Dev. Days 

S 19 Sen. Improvement Incentives/Funds 

S 23 School Technology Funds 

S 25 Alternative School Funds 

S 27 Prison Cap Repeal 

S 28 Criminal Penalties Increase 

S 30 Long-Term Confinement Contracts 

S 31 Prisons, Allow Private 



32 
35 
59 
60 
61 
76 
87 



89 
90 
94 
95 
102 
103 
105 
106 
107 
110 
111 
112 
113 
114 
115 
117 
122 



Misdemeanants Housing/LRC 
Partnership for Independence 
Consumer Study Comm. 
School Building Study Commission 
African-American Heritage Comm. 
Emergency Mgmt. Division Funds 
Community-Based Partnership/ 
Grant Program 
Juvenile Confinement Release Study 
Minority Teachers Study 
Delinquent Juveniles Counseling 
Water Resources Internship Funds 
Authorizing/LRC Study Water Issues 
Long-Term Care Insurance Study 
Sales Tax on Donated Items 
Minority Males Study Continuation 
School-Based Health Funds 
Home Visit Funds 
Shellfish Lease Program Fund 
Shellfish Enhancement Funds 
Marine Fisheries Patrol 
Marine Fisheries Official Activities 
Shellfish Mapping Fund 
St. Employee Liab. Trust Fund 
Tort Liability/Immunity Study 
Interstate Tax Cooperation Study/LRC 



H 836/ Ch. 484 
H 859/ Ch. 594 
H 888/ H Hth&Envir 

H 1074/ Ch. 547 
H 1075/ Ch. 586 
H 1078/ Ch. 551 
H 1077/ Ch. 633 
H 1359/ H Hth&Envir 
H 1339/ Ch. 572 

H 1351/ H Fin 

S 1343/ H Cal 36(a) 



(see H 230/Ch. 507) 
(see H 230/Ch. 507) 

(see H 229/Ch. 324) 
(see H 230/Ch. 507) 
(see H 229/Ch. 324) 
H 51/ H Jud 2 (see H 229/Ch. 324; 
H 230/Ch. 507; H 898/Ch. 542) 

H 19/ H Wel&HumRes 

(see H 898/Ch. 542) 

H 78/ H ppi (see H 898/Ch. 542) 

H 76/ H ppi 

H 88/ H ppi (see H 230/Ch. 507) 

H 256/ H ppi 



H 45/ H ppi 

H 46/ H ppi (see H 898/Ch. 542) 

H 98/ H ppi (see H 898/Ch. 542) 

H 217/ H ppi 
H 285/ H ppi 

H 153/ H ppi 

H 56/ H ppi 

H 57/ H ppi (see H 230/Ch. 507) 

H 54/ H ppi (see H 230/Ch. 507) 

H 53/ H ppi 

H 187/ H ppi 

(see H 898/Ch. 542) 



1996] 



SENATE JOURNAL 



319 



Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



s 


128 


s 


129 


s 


130 


s 


131 


s 


134 


s 


137 


s 


138 


s 


141 


s 


142 


s 


157 


s 


158 


s 


160 


s 


161 


s 


164 


s 


165 


s 


172 


s 


177 


s 


188 


s 


198 


s 


203 


s 


204 


s 


210 


s 


211 


s 


214 


s 


219 


s 


221 


s 


226 


s 


228 


s 


231 


s 


238 


s 


239 


s 


248 


s 


250 


s 


257 


s 


260 


s 


261 


s 


262 


s 


263 


s 


266 


s 


267 


s 


274 


s 


276 


s 


278 


s 


280 


s 


281 


s 


290 


s 


302 


s 


304 


s 


306 


s 


310 


s 


311 



Increase In-Home Funds 

Transportation Funds 

Fire/Rescue Squad Benefits Increase 

Eastern NC Job Training Funds 

Repairs Reserve Account Changes 

Capital Improvements 

1995 Base Budget 

1995 Capital Expenditures 

1995 Current Operations 

UNC-W Marine Sciences Funds 

School Safety Funds 

Social Workers Defense 

Eastern N.C. Agric. Center Funds 

Foster Parent Records/AB 

Day Care Provider Records/AB 

UNC-W Marine Sciences Funds 

Car Seized/Driving on Revoked D.L. 

Child Support Changes/AB 

Low-Wealth School Supp. Funds 

ECU Life Sciences Building Funds 

Child Care Credit/Nonresidents 

Restit./Victim Impact Statements 

Housing Trust Fund 

Fiscal Note/Subj. Notice/Rules 

Fire Pension Benefits Increased 

Grassroots Science Museum Funds 

Railroad Diesel Sales Tax Exemption/AB 

Chiropractic Care Study/LRC 

Public Health Study Sunset Repeal 

State Parks Study Commission 

State Park Staff Funds 

Coalition 2001 '95 Funds 

Credit/Refund Federal Retirees 

Jurisdictional Amount Increase 

FSU Funds-Student Center 

Teen Involvement Projects Funds 

FSU Fine Arts Building Funds 

Orange Street School Funds 

Senior Games Funds 

Alzheimer's Association/Funds 

Teacher Education Study 

DHR Capital Funds 

Clerks of Court on Commissions 

Farmers Market Funds 

Rollins Laboratory Funds 

1995 Retirement Benefits Act/AB 

Hydrilla Eradication Funds 

Data on Aboveground Tanks 

Foster Care Worker Funds 

Licensing/Examining Bd. Retirement 

Biological Pest Control Funds 



H 101/ H ppi (see H 230/Ch. 507) 

H 100/ H Reptd to Appr 

H 105/ H ppi (see H 230/Ch. 507) 

(see H 229/Ch. 324) 



(see H 230/Ch. 507) 

(see H 6/Ch. 450) 

H 185/ H Jud 1 

(see H 230/Ch. 507) 

H 402/ S Jud 1 (see H 230/Ch. 507) 

H 403/ S Jud 1 (see H 230/Ch. 507) 

H 172/ H ppi (see H 230/Ch. 507) 

(see H 168/Ch. 538) 

H 252/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 155/ H ppi 

H 354/ H ppi 

H 191/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 415/ H ppi 

H 360/ Ch. 451 

(see H 898/Ch. 542) 

(see H 230/Ch. 507; H 898/Ch. 542) 

H 60/ H ppi 

H 59/ H ppi 

H 283/ H ppi (see H 230/Ch. 507) 

H 144/ H ppi (see H 1259/S Fin) 

H 334/ H ppi (see H 230/Ch. 507) 

H 335/ H ppi 

(see H 230/Ch. 507) 
(see H 230/Ch. 507) 



H 320/ H ppi 

H 376/ H ppi (see H 230/Ch. 507) 

H 177/ H ppi 

(see H 230/Ch. 507) 

H 293/ H ppi 



H 384/ H ppi 






320 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



S 


314 


s 


315 


s 


319 


S 


326 


s 


327 


S 


328 


s 


335 


s 


336 


S 


337 


s 


340 


s 


343 


S 


347 


s 


350 


s 


352 


S 


354 


S 


355 


s 


360 


s 


363 


S 


366 


S 


367 


s 


369 


s 


370 


s 


372 


S 


373 


s 


378 


S 


381 


s 


382 


S 


385 


s 


387 


s 


390 


s 


391 


s 


398 


s 


406 


s 


420 


S 


421 


s 


422 


s 


425 


s 


435 


s 


436 


S 


439 


s 


440 


s 


441 


s 


442 


s 


443 


s 


444 


s 


445 


s 


450 


s 


451 


s 


454 


s 


455 


s 


456 



International Agric. Marketing 
Pesticide Disposal Program Funds 
Rural Economic Development Funds 
Eastern NC Job Training Funds 
Farm/Agribusiness Loan Reserve Funds 
Grain Grading Training Funds 
Cancer Registry Funds 
Mecklenburg Drug Court Program 
Caring Program Funds 
Governor's '95 Capital Approp./AB 
New Hanover Community Health Funds 
Cape Lookout Studies Program Funds 
Maritime Museum Expansion Funds 
Gov.'s 1995 Operating Appropriations 
DCA Quality Growth Funds 
Columbus Co. Economic Dev. Funds 
Harriet's House Funds 
Community College Fund Allocation 
Out-of-State Inmates/Funding/AB 
Child Day Care Rates/Funds 
Educ. Resource Teams/Standards 
Day Care "Notch" Increase/Funds 
Resource and Referral Funds 
Child Care Eligibility Increase/Funds 
Alzheimer's Unit Funds 
Juvenile Code Study/LRC 
NC Technological Dev. Auth. Funds 
Community College Fund Allocation 
Family Preservation Funds 
Heart Disease/Stroke Task Force/Funds 
Model Clinical Teaching Network Funds 
Record Checks/School Employees 
State Publications to OSP/AB 
Purchasing Study 

Environmental Farming Funds/AB 
Env. Farming Operating Funds/AB 
East. School for Deaf Center Funds 
Partnership for Quality Growth/LRC 
OAH/Civil Rights Division Funds 
Agriculture Data Processing Funds 
Weights & Measures Program Funds 
Raleigh Farmers Market Funds 
Radio Reading Services Funds 
Motor Fuels Lab Funds 
Dorton Arena Roof Funds 
Events & Exhibits Building Funds 
Public Library Ad Fund 
Independent Living Program Funds 
Cape Fear River Program Funds 
NC A&T Land Acquisition Funds 
NC A&T Agricultural Research Funds 



H 321/ H ppi 

H 474/ H ppi (see H 229/Ch. 324) 

H 579/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 219/ H ppi (see H 230/Ch. 507) 
H 444/ H ppi (see H 230/Ch. 507) 
H 393/ H ppi (see H 230/Ch. 507) 
H 391/ H ppi 
H 465/ H ppi 



H 392/ H ppi 

(see H 230/Ch. 507) 

(see H 230/Ch. 507) 

(see H 738/Ch. 515) 

H 375/ Ch. 81 

H 261/ H Wel&HumRes/Fam 

H 260/ H ppi 
H 262/ H Unfav 

H 258/ H ppi 

H 364/ H ppi (see H 230/Ch. 507) 

H 251/ H ppi (see H 898/Ch. 542) 

(see H 230/Ch. 507) 

H 738/ Ch. 515 

(see H 230/Ch. 507) 

H 460/ H ppi (see H 230/Ch. 507) 

H 641/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 423/ Ch. 166 

H 302/ H ppi (see H 898/Ch. 542) 



H 363/ H ppi (see H 230/Ch. 507) 
(see H 898/Ch. 542) 



H 426/ H ppi 



(see H 230/Ch. 507) 

(see H 230/Ch. 507) 

S 490/ S Appr; H 525/ H ppi 

H 999/ H ppi 

H 1012/ H ppi 



1996] 



SENATE JOURNAL 



321 



Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



s 


457 


s 


461 


s 


465 


s 


466 


s 


467 


s 


473 


s 


474 


s 


475 


s 


480 


s 


485 


s 


486 


s 


489 


s 


490 


s 


493 


s 


498 


s 


500 


s 


504 


s 


510 


s 


511 


s 


512 


s 


514 


s 


516 


s 


522 


s 


531 


s 


533 


s 


547 


s 


548 


s 


549 


s 


551 


s 


561 


s 


562 


s 


571 


s 


578 


s 


591 


s 


595 


s 


596 


s 


610 


s 


615 


s 


619 


s 


620 


s 


621 


s 


622 


s 


623 


s 


629 


s 


633 


s 


641 


s 


644 


s 


645 


s 


646 


s 


647 


s 


648 



Allied Health Program/Funds 

Energy Conservation Study/LRC 

NC Pottery Center Funds 

Catch-up Underfunded Smart Start Cos. 

UNC/Uniform Reversion Rate 

Veterans' Disability Amendment 

Global TransPark Zone Funds 

Rural Economic Development Funds 

NCSU Toxicology Building Funds 

Funds/Improve Fertilizer Lab 

Farmers' Market Funds 

Beaver Control Funds 

Cape Fear River Program Funds 

Warren PCB Landfill Cleanup Funds 

Drinking Water Test Waivers 

Greene Correctional Center Funds 

Meat/Poultry Inspection Funds 

Substance Abuse Funds 

NC LEAF Funds 

Mosquito Control Funds 

Kure Beach Renourishment Funds 

School Technology Personnel Funds 

Center/Applied Textile Tech/Funds 

Burke County Local Act 

Indian Cultural Center Funds 

Employment Procedures Study 

Home Ownership Funds 

Shook-Smathers House Funds 

Children/Craniofacial Anomalies 

MH Single Portal Funds 

Mecklenburg DSS Funds 

NCSU Agricultural Research Funds 

Ctr. App. Textile Tech/Cap. Funds 

Insurance Licenses/Continuing Education 

Lead Abatement Certification 

NCSU Forestry Geneticist Funds 

Longevity Pay/Public Defenders 

Children's Vaccine Funds 

Head Start Facility Funds 

Head Start Wrap-Around Funds 

Durham Substance Abuse Funds 

DOC Substance Abuse Funds 

Mosquito Control Funds 

CJIN Board/Funds 

Beaver Control Funds/Add Counties 

ADAP Reimbursement/Funds 

Summit House Funds 

LEP Student Program Funds 

Volunteer Safety Workers/AB 

Military History Museum Funds 

Eastern NC Tour Funds 



H 284/ H ppi (see H 230/Ch. 507) 
H 275/ H ppi (see H 898/Ch. 542) 



H 242/ H ppi (see H 230/Ch. 507) 

H 752/ H Bus&Labor 
(see H 230/Ch. 507) 
(see H 230/Ch. 507) 

H 547/ H ppi 

H 521/ H ppi (see H 230/Ch. 507) 
S 454/ S Appr; H 525/ H ppi 
(see H 230/Ch. 507) 

(see H 230/Ch. 507) 

(see H 230/Ch. 507) 

(see H 230/Ch. 507) 

S 623/ S Appr; H 548/ H ppi 

H 800/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 622/ H ppi 

H 992/ H ppi (see H 230/Ch. 507) 

H 530/ H ppi 

(see H 230/Ch. 507) 

(see H 230/Ch. 507) 



H 780/ H Ins 

H 794/ H ppi (see H 230/Ch. 507) 
(see H 230/Ch. 507) 
H 796/ H ppi 



S 512/ S Appr; H 548/ H ppi 

(see H 230/Ch. 507) 
H 419/ H ppi 
H 996/ H ppi 
H 991/ H ppi 
(see H 230/Ch. 507) 



322 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
BUI No. Short Title Identical Bill/Last Action or Note 



s 


650 


s 


658 


s 


659 


s 


667 


s 


669 


s 


670 


s 


672 


s 


676 


s 


680 


s 


683 


s 


688 


s 


698 


s 


703 


s 


705 


s 


731 


s 


732 


s 


738 


s 


739 


s 


740 


s 


741 


s 


746 


s 


747 


s 


748 


s 


753 


s 


757 


s 


759 


s 


765 


s 


767 


s 


768 


s 


769 


S 


770 


S 


773 


s 


774 


s 


781 


s 


784 


s 


785 


s 


787 


s 


790 


s 


799 


s 


805 


s 


810 


s 


811 


s 


816 


s 


817 


s 


823 


s 


824 


s 


829 


s 


834 


s 


835 


s 


841 


s 


845 



Head Start Parent-Child Ctr. Funds 

W&rren Forestry Shed Funds 

Fairness to Teacher Assistants 

Stanly Air Guard Complex Funds 

National Guard Funds 

UNC Infection Control Funds 

Life & Science Museum Funds 

Interactive Visual Tech Funds 

Centennial Center Funds 

Judicial Elections 

SPA Employee Pay Raise 

Local LEO Minimum Salary Grants 

State Economic Development 

Chinqua-Penn Transfer 

State Games of NC Funds 

Disability Cap Removed 

Parents as Teachers Program Funds 

Senior Centers/Funds 

Home Program Match Funds 

NCA&T Environmental Farming 

School Textbook Funds 

NC as Travel Destination Funds 

ECU Medical School Receipts 

NC Biotechnology Center Funds 

NC Future Farmers of America Funds 

Cigarette Sales Study, Unfair 

UNC Self-Liquidating Cap. Projects 

Wildlife LEO Pay Equity 

Food Sanitation Funds 

Assault Emergency Personnel 

Braille Literacy 

AIDS Prevention Funds 

Indian Cultural Center Funds 

Soil Survey Positions Funds 

Health Care Reform/HPC 

Fuquay-Varina Community Ctr. Funds 

Salemburg VFD Funds 

College Voter Accessibility 

Local Infrastructure Trust Fund 

UNC-CH Law School Funds 

Airborne Rescue Funds 

Minority Business Dev. Ctr. Funds 

Controlled Substances Tax Position 

Dispute Settlement Funds 

Dental Medicaid/Funds 

State Auth./Fed. Clean Water Act 

Utilities/Industrial Commission Salaries 

Milk Sanitation Program Funds 

Optical Storage Library System Funds 

Grandparent Rights Study 

UNC Educational Consortia Funds 



(see H 230/Ch. 507) 
(see H 230/Ch. 507) 
(see H 230/Ch. 507) 



(see H 230/Ch. 507) 
H 950/ H Jud 1 
H 925/ H ppi 



H 894/ H StGov 
(see H 230/Ch. 507) 

H 902/ H ppi 
H 901/ H ppi 
H 983/ H ppi 

(see H 230/Ch. 507) 

H 803/ H ppi (see H 230/Ch. 507) 
H 1028/ H ppi 
(see H 230/Ch. 507) 

H 984/ S Appr (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 924/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 1025/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 824/ H ppi 

(see H 230/Ch. 507) 



H 964/ H ppi 

(see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 1005/ H ppi (see H 230/Ch. 507) 

H 886/ H Rules (see H 898/Ch. 542) 

(see H 230/Ch. 507) 

(see H 898/Ch. 542) 



i 



1996] 



SENATE JOURNAL 



323 



H 1036/ H ppi (see H 230/Ch. 507) 

(see H 898/Ch. 542) 
(see H 230/Ch. 507) 



(see H 898/Ch. 542) 



Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 

Guilford Juvenile Detention Funds 

Franchise Tax Base 

ESC Voter Sunset 

Metrolina Food Bank Funds 

Cued Speech Center Funds 

Rental Owners' Rights LRC 

UNC Instructional Technology Funds 

Teacher Scholarship Loan Funds 

Guardianship Changes 

Bad Check Fees to Schools 

Comm. Rehab. Pilot Projects/Funds 

Ports Authority Transfer Study 

Coastal Insurance Study/LRC 

Industrial Commission/Fraud Check 

Parks Authority/Trust Funds 

Lake Gaston Economic Dev. Funds 

Drug Impaired Driver LRC Study 

DAR.E./Intoxilizer Funds 

Community College Fuel Exemption 

SADD Coordinator Funds 

Public Library Funds 

Marine Sciences Funds 

Fayetteville TEACCH Funds 

Child Abuse Investigation Training Funds 

Substance Abuse/Juvenile Funds 

Extend Substance Abuse Pilot/Funds 

Child Center Funds 

Teacher Longevity Funds 

Duplin Community Center Funds 

SHP New Troop Funds 

Mycoplasma and Bacteriology 

School Nurses 

Housing Technical Assist. Funds 

UNC Faculty Development Funds 

Soil/Water Supervisor Expense Funds 

Soil/Water Administrator Funds 

Legislative Technology Oversight Comn 

Tar Reduction Research Funds 

DEHNR Study/Environmental Regulation 

Durham Jobs/Welfare Reform Funds 

Special Judge/Dist. Ct. Judge 

Criminal Case Management Funds 

UNC Visual Impairment Funds 

Wayne/Greene Schools/Comm. Coll. 

Multijurisdictional Drug Task Funds 

Nashville Police/Fire Complex Funds 

NCSU Admin Officers Program 

100 Additional Troopers 

Aid Students/Private Colleges/Funds 

NCSU Agricultural Capital Funds 

Atlantic States Marine Fisheries Compact 



s 


848 


s 


850 


s 


851 


s 


852 


s 


853 


s 


861 


s 


866 


s 


867 


s 


872 


s 


876 


s 


877 


s 


879 


s 


881 


s 


882 


s 


883 


s 


888 


s 


892 


s 


893 


s 


894 


s 


895 


s 


897 


s 


898 


s 


900 


s 


902 


s 


903 


s 


904 


s 


906 


s 


909 


s 


911 


s 


912 


s 


913 


s 


920 


s 


921 


s 


923 


s 


934 


s 


935 


s 


946 


s 


949 


s 


951 


s 


952 


s 


954 


s 


956 


s 


957 


s 


958 


s 


959 


s 


960 


s 


963 


s 


964 


s 


965 


s 


968 


s 


969 



(see H 898/Ch. 542) 
(see H 230/Ch. 507) 

(see H 230/Ch. 507) 



(see H 898/Ch. 542) 

H 500/ H ppi (see H 230/Ch. 507) 

H 1035/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 297/ H ppi 

(see H 230/Ch. 507) 



H 1039/ H ppi (see S 1359/S Appr) 

H 323/ H ppi 
H 1040/ H ppi 



(see H 230/Ch. 507) 
(see H 230/Ch. 507) 
(see H 230/Ch. 507) 






(see H 898/Ch. 542) 
(see H 898/Ch. 542) 

(see H 230/Ch. 507) 
(see H 230/Ch. 507) 
H 1019/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 
(ASMFC) 



324 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



970 
972 
979 



982 
984 
986 
989 
994 
995 
996 

S 1004 

S 1005 

S 1006 

S 1007 

S 1008 

S 1010 

S 1011 

S 1013 

S 1018 

S 1020 

S 1026 

S 1027 

S 1033 

S 1034 

S 1036 

S 1038 

S 1044 

S 1045 

S 1048 

S 1050 

S 1053 

S 1056 

S 1057 

S 1058 

S 1059 

S 1060 

S 1061 

S 1062 

S 1065 

S 1066 

S 1067 

S 1068 

S 1069 

S 1070 

S 1071 

S 1072 

S 1074 

S 1079 

S 1081 

S 1082 



DART Aftercare Program Funds 
Controlled Substances Tax Agents 
Exceptional Children Funds 
Nonprofit Cont. Care Tax-Exempt 
Campaign Reform/Election Study 
UNC-TV Tower Funds 
Funds/Blank Bill 

Cultural Resources/Land/Capital Funds 
Corporation Omnibus/AB 
Parks Environmental Educ. 
Workers' Compensation Study/LRC 
Grouping/Tracking Ability 
Appalachian State/Sell Power Company 
Life Skills Program 
Math Skills Program 
Rebuilding Our Villages Funds 
School of Arts 

State Employees RIF Rights/Options 
Cherry Farm/Dairy Facility Funds 
Agriculture/EEO Officer Funds/AB 
Piedmont Triad Pilot School Project 
Blind Supported Employment Funds 
Class Picture Sales Exempt 
Department of CCPS Eliminated 
Gaming Study Commission 
State Nutrition Assistance Funds 
Animal Welfare Study 
Vaccine Program/Savings 



(see H 230/Ch. 507) 



(see H 898/Ch. 542) 
(see H 898/Ch. 542) 
(see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 58/ H ppi 

(see H 898/Ch. 542) 

H 1051/ H ppi (see H 898/Ch. 



542) 



H 953/ H ppi (see H 230/Ch. 507) 
(see H 230/Ch. 507) 



H 1033/ H ppi 
(see H 230/Ch. 



507) 



(see H 898/Ch. 



Emergency Med. Services Act Study/LRC (see H 898/Ch. 



Study Local Government Services 

Travel Tourism Merger Study/LRC 

Raleigh Outer Loop 

Cancer/Heart Disease Research 

Deaf Students/Redefine Educ. 

Administrative Law Judge Salaries 

Senior Center Capital Funds 

AOC Substance Abuse Pilot Program 

Thomas S. Additional Funds 

Family Preservation Act Changes 

Drug Court Programs 

Last Best Chance 

Basic School Grant Funds 

UNC Expand Educational Sites/Fund 

Litigation Reserve/St. Educ. Board 

State/Local Gov't. Fiscal Study 

Common Sense Regulatory Commission 

Machining Tech. Partnership Funds 

Assault/Extremely Serious 

Minority Econ. Development Funds 

Indust. Commission StaftTFunds 

Industrial Commission Funds 



(see H 898/Ch. 
(see H 898/Ch. 



542) 
542) 
542) 
542) 



(see H 230/Ch. 507) 



(see H 230/Ch. 507) 

(see H 898/Ch. 542) 
(see H 898/Ch. 542) 
H 1031/ H ppi (see H 230/Ch. 507) 

(see H 230/Ch. 507) 

H 1047/ H ppi (see H 230/Ch. 507) 

H 1046/ H ppi (see H 230/Ch. 507) 



1996] SENATE JOURNAL 325 

Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 

S 1088 School Funding Study Commission (see H 898/Ch. 542) 

S 1089 Brevard Music Center Funds H 1007/ H ppi 

S 1090 "Something Special" Funds 

S 1093 Guilty But Mentally 111 

S 1106 Alzheimer's Chapters' Funds 

S 1107 Federal Pension Withholding Funds S 1156/ S Fin 

S 1114 Professional Teaching Standards Comn. H 1249/ H Rules 

S 1127 1996 Retirement Benefits Act H 1121/ H ppi 

S 1128 Clean Water Management Fund 

S 1130 Maxton Historic Funds H 1123/ H ppi 

S 1134 School Facilities Guidelines H 1105/ H ppi 

S 1152 NC Cancer Institute Capital Funds 

S 1162 Computer Access/Rules 

S 1164 ECU Stadium Expansion Funds 

S 1166 VFD Workers' Comp. /Appropriation H 1087/ H Rules 

S 1168 Domestic Violence Funds (see S 1447/S Appr) 

S 1177 Alzheimer's Association/Funds H 1302/ H ppi 

S 1192 Shellfish Sanitation H 1151/ H ppi 

S 1195 Fishery Resource Grant Program H 1076/ H ppi 

S 1199 Highway Patrol Troop Building Funds 

S 1200 FSU Fine Arts Building Funds H 1238/ H ppi 

S 1204 Fire Pensions Increased H 1218/ H ppi 

S 1206 Butner Advisory Council H 1144/ Ch. 667 (see H 229/Ch. 324) 

S 1208 Summit House Funds 

S 1212 Cabarrus County Mediation Center Funds 

S 1214 Assault Law Officer/Firefighter H 1204/ S Jud 1 

S 1215 Stanly County Airport Funds 

S 1216 Martin Beaver Management Funds 

S 1219 Animal Waste Funds H 1213/ H ppi 

S 1224 Domestic Violence Funds 

S 1225 Dry Hydrant Funds H 1235/ H ppi 

S 1228 Community Penalties/Record Checks 

S 1229 Jurisdictional Amount Increase 

S 1231 Clerks of Court on Commissions 

S 1232 Civil Procedure Study Funds H 1333/ H ppi 

S 1233 Criminal Procedure Study Funds H 1361/ H Rules 

S 1235 Clerks/Year's Allowance 

S 1238 Consolidation Incentive Funding H 1239/ H ppi 

S 1240 Coalition 2001 '96 Funds 

S 1247 Northern Wayne Sewer Funds 

S 1251 Adopt-A-Trail Funds 

S 1254 Acupuncture Allowable Coverage 

S 1257 Budget Adjustments/Conforming H 1283/ H Rules 

S 1258 Museum of the New South Funds 

S 1264 Narcotics Task Force Funds 

S 1265 Future Farmers of America Funds H 1344/ H ppi 

S 1269 Bladen Community College Swine Funds H 1293/ H ppi 

S 1274 Recycling Business Assistance Ctr Funds H 1360/ H ppi 

S 1276 Institute of Government Funds H 1305/ H ppi 

S 1279 Jones Beaver Management Funds (see H 230/Ch. 507) 

S 1283 Pitt Forestry Funds H 1304/ H ppi 



326 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



1287 
1289 
1290 
1291 
1293 
1299 
1300 
1305 
1306 
1309 

1310 
1311 
1315 
1320 
1327 
1332 
1333 
1341 
1342 
1346 
1347 
1351 
1355 
1356 
1357 
1358 
1359 
1361 
1362 
1364 
1366 
1367 
1368 
1370 
1371 
1372 
1373 
1376 
1381 
1382 
1383 
1384 
1387 
1388 
1390 
1391 
1395 
1401 
1402 
1403 
1406 



Community Development Block Grant 
Charter Schools Start-Up Funds 
Butner Cemetery Funds 
Criminal Penalties 
DWI/Felony Prior Record Level 
Wetlands Restoration Program/Funds 
School Supplemental Budget Requests 
Inmate Costs Reimburse 
Sweet Potato Weevil Control Funds 
Assault/Serious Bodily Injury 



H 1365/ H Rules 

H 1336/ H ppi 
H 1255/ H ppi 
H 1287/ S Jud 2 



H 1323/ H ppi 



Mining/Sediment. Tech. Assist. Funds 

Craniofacial Anomalies Funds 

North Carolina Maritime Museum Funds 

Citizen Water Quality Monitoring Program 

Scientific Advisory Council 

Independent Living Funds 

Child Care Subsidy Funds 

Cooperative Fisheries/University Project 

Technological Development Authority Funds 

Water Quality Appropriations 

Agriculture Cost Share Funds 

Riparian Buffers 

Waiver Program 

Minority Economic Development Funds 

Youth Development Funds 

HIV Funds 

Mycoplasma and Bacteriology 

Utility Account Funds 

Rural Tourism Development Funds 

Food Bank Fund 

Nashville Police/Fire Funds 

Pesticide Enforcement Funds 

University Self-Liquidating 

NCA&T Land Acquisition Funds 

NCA&T Agricultural Research Funds 

Charlotte H. Brown Site Funds 

Fayetteville Business Funds 

Columbus County Economic Development Funds 

Grain Grading Training Funds 

Farmville Public Library Funds 

Piedmont Farmers' Market Funds 

NCA&T Classroom Building Funds 

Food Sanitation Funds 

Food Tax Reduced 

Rollins Laboratory 

Food Distribution Building Funds 

Glen Alpine Recreation Funds 

NC Housing Trust Funds 

Distressed County Coordinator 

Community Reinvestment Act 

Home Ownership Funds 



H 1243/ S Jud 1 
(see H 1108/Conf Com) 
H 1356/ H ppi 



(see S 1318/ S Fin) 



(see S 913/S Appr) 

(see S 1275/S Fin; H 1108/Conf Com) 

(see H 1108/Conf Com) 



H 1367/ H ppi (see S 1411/Ch. 686) 

H 1409/ H ppi 
H 1450/ H ppi 



H 1444/ H ppi 
H 1407/ H ppi 
(see S 1410/S Fin) 



1996] SENATE JOURNAL 327 

Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 

S 1407 Museum of Life and Science Funds H 1398/ H ppi 

S 1408 Health Care for Children Funds 

S 1413 Reserve for Farm Loans H 1427/ H ppi 

S 1415 Eastern Livestock Arena New Funds 

S 1416 Transitional Child Care Funds 

S 1417 Coalition 2001 One-Time Funds 

S 1418 Coalition 2001 Capital Funds 

S 1419 Maternal Outreach Funds 

S 1420 Human Resources Dept. Block Grant Funds/96 

S 1421 Mountain County Funds 

S 1422 Mountain Area Local Act (Sen. District 29) 

S 1424 Cued Speech Center Funds 

S 1425 Winston-Salem State/Chancellor's Home 

S 1429 Richmond Low-Level Waste Funds 

S 1430 Richmond Community College Funds 

S 1431 Richmond Youth Baseball Funds 

S 1432 NC High School AA Capital Funds 

S 1433 Richmond Historical Funds 

S 1434 Effluent Disposal Funds 

S 1435 Principal Clerk Experience Credit 

S 1436 Property Office Staff Funds 

S 1438 Legislative Per Diem Reduced 

S 1439 Community College Challenge Grants 

S 1440 Franklin Livestock Facility Funds 

S 1443 Pay Phone Rates 

S 1444 NC Senior Games Funds 

S 1445 Museum of Natural Sciences Funds 

S 1446 Core Sound Waterfowl Museum Funds 

S 1447 Domestic Violence Program Funds (see S 1168/ S Appr) 

S 1448 NCCU Research Funds 

S 1449 Lost Colony Historical Drama Funds 

S 1450 Scotland County Industrial Development Funds 

S 1451 State Ports Maintenance Funds 

S 1452 Disabled Children/Facility Funds 

S 1453 Model School Program Development 

S 1454 Excellence in Teaching Reward 

S 1455 Child Advocacy Institute Funds 

S 1456 Cultural, Historical, Educational Sites/Funds 

S 1457 Early Childhood Initiatives 

S 1459 Child Advocacy Institute Funds 

S 1460 UNC Diabetes Expansion Funds H 1432/ H ppi 

S 1461 Community-Based Alternative Youth 

Services' Funds 

S 1462 L R. Harrill Center Funds H 1442/ H ppi 

S 1463 FTCC Childhood Education Center Funds 

S 1465 School for the Deaf Road Funds 

S 1467 Finance Correction Enterprises Projects H 1437/ H ppi 

S 1468 NCCU Safety Funds 

S 1470 Raleigh Economic Development Funds 

S 1471 Global Affairs/NC Role/LRC 

S 1473 Reading Emphasized 






328 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
APPROPRIATIONS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



S 

s 
s 
s 

S 

s 
s 

H 
H 
H 
H 



1474 Adult Care/Nursing Homes 

1475 IMPACT Study Funds 

1477 High School Graduates Grants 

1479 Drug Law Amendments 

1480 Adopt-A-Beach 

1482 Abortions/Ban Partial-Birth 

1483 Teacher Assistant Salary Increase 



5 Public Assistance Responsibility 
17 Food Stamp Fraud Felony 
81 Mandatory Jail for Some D.WI. 
192 RRC Changes/Leg. Oversight 
H 225 Divorce Education Program 
H 268 Witness Travel Fees 
H 304 Procurement Council 
H 306 Provisions Extended 
H 467 Minor Exploit/Increase Penalty 
H 554 Water Safety Signal Flag 
H 568 Vehicle Damage Disclosure 
H 821 Breast Feeding, Encourage 
H 868 Adoption Fund 
H 871 Low Performing Schools Assistance 
H 881 Alternative Teacher Certification 
H 984 UNC Self-Liquidating Cap. Projects 
H 995 Venture Capital Investment Incentive 
H 1165 Incentives to Increase Charitable Giving 

BASE BUDGET — NONE — 

CHILDREN AND HUMAN RESOURCES 

S 48 Public Assistance Responsibility 
S 50 Child Day Care Payments 
S 67 Food Stamp EBT 

S 68 Food Stamp Workfare 

S 91 Responsibility/Encouragement Act 

S 371 Day Care Provider Records 

S 803 Dental Care for Nursing Home Residents 

S 905 Student Housing Fire Protection 

S 930 Pharmacists Direct Reimbursement 

S 936 Families/Disabilities Support Act 

S 998 Bodywork Therapies Practice 

S 1000 Inmate Health Care Limit 

S 1029 School Health Services Limited 

S 1047 Recovery Care Centers 

S 1110 Home, Community Care Aging Funds 

S 1197 Area Authority Accountability 

S 1236 Child Fatality Task Force Data Report 

S 1312 Public Health Authority Act 



S48/ 
S49/ 



Ch&HumRes 
Jud 2 



S 215/ S Jud 1 (see H 230/Ch. 507) 



S 765/ S Appr (see H 230/Ch. 507) 



H 5/ S Appr 
H 18/ S Ch&HumRes 
H 16/ S Ch&HumRes 
(see H 230/Ch. 507) 
H 24/ S Ch&HumRes 

H 259/ H Wel&HumRes/Fam 
(see H 230/Ch. 507) 



H 787/ Ch. 223 

H 822/ H Wel&HumRes 



H 878/ S Ed/HighEd 



H 1237/ Ch. 749 

H 1294/ S Ch&HumRes 

H 1271/ H ppi 



1996] 



SENATE JOURNAL 



329 



Summary of Bills/Resolutions Remaining in Senate 

CHILDREN AND HUMAN RESOURCES (Continued) 

Bill No. Short Title Identical Bill/Last Action or Note 



H 16 Food Stamp EBT 

H 18 Child Day Care Payments 

H 24 Food Stamp Workfare 

H 86 Social Services Paternity ID 

H 380 Prop. Lim./Special Assist/AB 

H 413 M.H. Facility Definition Change/AB 

H 479 AFDC Fraud Control Program 

H 744 Rest Hm. Penalty/ Patient Unattended 

H 935 Rest Home Alarms Mandated 

H 1052 AFDC Employment/Workfare/Funds 

H 1139 State Personnel Grievance Procedure 

H 1148 OSP Functions Decentralized 

H 1220 Personnel Director Qualifications 

H 1278 Dependent Juvenile Def. Change 

H 1294 CFTF Data Report 

H 1316 Child Fatality Task Force Records Conf. 

COMMERCE 

S 96 Eastern Convention Ctr/Study 

S 124 Banks Commissioner (Lingerfelt) 

S 175 Mining on Federal Land 

S 205 Community Reinvestment Act 

S 224 Local Telephone Competition 

S 329 Ports Tax Credit/AB 

S 389 State Controller Duties/AB 

S 397 Natural Gas Franchises 

S 418 Furniture Contracts 

S 419 Procurement Council 

S 446 Partnership for Quality Growth 

S 463 Alternative Fuel Loan Fund 

S 464 State Energy Policy 

S 495 Small Business Capital & Growth Act 

S 608 N.G Progress Board/AB 

S 758 Prescription Drug Pricing/Access 

S 766 Corr. Enterprises Partnerships 

S 849 Work Breaks 

S 885 Building Code Compliance 

S 1002 Sandhills Regional Economic Dev. 

S 1022 Licensing Home Inspectors 

S 1064 Job-Training Improvements/Funds 

S 1163 Interstate Banking Act 

S 1209 Financial Institutions Holiday Amended 

S 1256 High-Voltage Line Safety Act 

S 1352 Psychology Practice Act 

H 164 Child Support 2 

H 358 Unsolicited Calls Time Limit 

H 640 Guilford County School Purchases 

H 802 Reciprocal Bid Preferences 

H 933 Equitable Liquidation/Conversion 



S 67/ S Ch&HumRes 

(see H 230/Ch. 507) 

S 50/ S Ch&HumRes 

S 68/ S Ch&HumRes 












S 1353/ S Jud 1 



S 1241/ H Rules 




S 1236/ S Ch&HumRes 




S 1237/ S Jud 1 












H 91/ Res. 2 












H 161/ Ch. 27 




H 396/ Ch. 495 




H 394/ H StGov 




H 366/ Ch. 216 




H 301/ Ch. 136 




H 304/ S Appr 




(see H 898/Ch. 542) 




H 279/ H Fin 




H 475/ H ppi 
























H 1189/ Ch. 556 
H 1233/ Ch. 587 
H 1349/ H Rules 






330 SENATE JOURNAL [Second Session 

Summary of Bills/Resolutions Remaining in Senate 
EDUCATION/HIGHER EDUCATION 

S 18 School Budget Flexibility 

S 73 Teacher/Teacher Ass't. Funds Use 

S 98 Public Instruction Reorg. Plan H 8/ H Educ 

S 100 St. Bd. of Education/Constitutional Auth. H 7/ Ch. 72 

S 132 Caldwell School Pay Date Change H 181/ Ch. 12 

S 139 Special Ed. "Labeling" Limited 

S 424 Teacher Scholarship Program Changes S 453/ Ch. 435 

S 460 Administrator Standards Board Changes H 235/ Ch. 116 

S 539 Confirmation/State Bd. of Educ. 

S 635 Wake School Construction Contracts H 633/ H ppi 

S 656 Mecklenburg Districts 

S 756 High School Students/Community College 

S 788 Teach Abstinence Until Marriage H 834/ Ch. 534 

S 822 Guarantee Religious Freedom in Schools 

S 847 Central School for Deaf Abolished 

S 941 Charter Schools Act of 1995 

S 977 Postsecondary Education Program 

S 1087 Implement State Education Board Proposals 

S 1115 School Facilities Bonds (see S 1129/S Educ; H 1100/Ch. 361) 

S 1129 1996 School Bonds Act H 1100/ Ch. 631 

S 1133 School Facilities Trust Fund H 1104/ Cal Rule 36(a) 

S 1135 School Budget Act Amendments H 1102/ Ch. 666 

S 1137 School Acquisitions (see S 1174/Ch. 651; H 1205/Ch. 702) 

S 1326 Comm. Coll. Educ. Improvement Act H 1303/ H ppi 

S 1464 School Operating Funds for Capital 

H 166 Jackson School Elections 

H 202 Moment of Silence S 140/ Ch. 497 

H 512 CC Health Students/Immunization 

H 877 Abolish End-of-Course Testing 

H 878 School Health Services Limited S 1029/ S Ch&HumRes 

H 906 Education Material in Schools 

H 908 Character Education Required 

H 917 Literacy Restoration Act of 1995 

H 1334 Cherokee County Schools Pay Date Change 

FINANCE 

S 10 Deduction for Children by $500.00 

S 11 Standard Deduction Raised 

S 12 Corporate Income Tax Reduced 

S 36 Taxpayer Bill of Rights H 129/ H Fin 

S 39 Taxpayers Protection Act 

S 42 One-Time lax Rebate 

S 66 Taxpayer Protection Act H 3/ Conference 

S 69 Tax Relie#Competitiveness/AB H 35/ H ppi 

S 78 Personal Exemptions Index 

S 79 Corporate Income Tax Lower 

S 92 Volunteer Fire Vehicles Tax Exempt 

S 93 License Athletic Trainers/AB 

S 97 One-Time Tax Rebate 

S 109 Aquaculture Sales Tax Exemption H 55/ Ch. 477 

S 123 Intangibles Tax/Mandates Repeal 

S 144 Intangibles Tax Filing Threshold 



1996] 



SENATE JOURNAL 



331 



Summary of Bills/Resolutions Remaining in Senate 
FINANCE (Continued) 









Bill No. Short Title 



Identical Bill/Last Action or Note 



s 


151 


s 


189 


s 


190 


s 


191 


s 


193 


s 


194 


s 


195 


s 


196 


s 


197 


s 


251 


s 


252 


s 


299 


s 


316 


s 


324 


s 


376 


s 


393 


s 


462 


s 


472 


s 


494 


s 


497 


s 


517 


s 


552 


s 


569 


s 


574 


s 


576 


s 


584 


s 


586 


s 


593 


s 


607 


s 


611 


s 


665 


s 


671 


s 


690 


s 


702 


s 


711 


s 


718 


s 


727 


s 


745 


s 


760 


s 


761 


s 


797 


s 


806 


s 


820 


s 


826 


s 


837 


s 


854 


s 


857 


s 


910 


s 


916 


s 


933 


s 


947 


















H 223/ Ch. 474 






H 347/ H Fin 
H 381/ Ch. 82 
H 430/ H ppi 
(see H 898/Ch. 542) 
H 397/ H ppi 







Motor Oil Tax/Used Oil Program 

Fee Law Changes - 1 

Fee Law Changes - 2 

Fee Law Changes - 3 

Tax Law Amend - 2 

Tax Law Amend - 3 

Issuance of Bonds - 1 

Issuance of Bonds - 2 

Issuance of Bonds - 3 

Soft Drink Tax Phase Out 

Purple Heart Spouses Plates 

Merchants' Sales Tax Discount 

Apex Satellite Annexations 

Victims Compensation Funds/AB 

Jobs Tax Credit/AB 

Food Sales Tax Repeal 

Fuel Tax for Alternative Fuels 

Uniform Occupancy Tax Rules H 541/ H Fin 

Alt. Fuel Facility Tax Credit H 276/ H Fin 

Jobs Tax Credit 

Burke EMS Fee Collection 

Hospital Co. Contracts 

Extend 30-Day Tax Protest Period 

Franklin School Revenue Options 

Alleghany Land Transfer Tax 

ASU Self-Liquidating Proj. Authorization 

Cabarrus Sales Tax for Schools 

Funeral Contract Investments 

UNQNCSU/ECU Football 

Court Costs Increase 

School Buses Tax 

Durham Occupancy Tax Increase 

Debt Dealer Tax Repeal 

Small Business Gain Exclusion 

Durham Improvements Fees 

Chatham Impact Fee Amendments 

Halifax School Acquisition 

Property Donations Credit limit 

D.M.Y Officer Powers 

Local Debt Setoff 

Diesel Fuel Payment Method 

Community College Capital Funds 

School Sales Tax Refunds 

Corporate Income Tax Phase Down 

Soil Scientists Licensing 

Erosion Damage Liability 

Hunting License Fees/Nonresident 

Food Tax Reduced H 404/ H Fin 

Farm Mediation/Prelitigation H 913/ S Fin 

Farm/Industry Fuel Tax Reduced 

Caregiver Criminal Record Checks 



H 605/ H Fin 
H 390/ Ch. 452 



H 808/ H Educ 
H 722/ H Fin 

H 813/ H Fin 



H 569/ H Transp 

H 975/ H ppi (see H 898/Ch. 542) 



(see S 1271/S Fin) 
H 826/ Ch. 414 






332 SENATE JOURNAL [Second Session 

Summary of Bills/Resolutions Remaining in Senate 

FINANCE (Continued) 

Bill No. Short Title Identical Bill/Last Action or Note 

S 991 Wetlands Program/Mitigation Bank 

S 997 Rental Vehicle Property Tax 

S 1019 Property Tax Refund 

S 1052 Transit Authority Vehicle Rental Tax 

S 1076 Nursing Home Admin. Act Fees 

S 1083 Public School Volunteerism Tax Credit 

S 1085 Fees Tax Deductible 

S 1092 Private Protective Services Changes 

S 1111 30-Day Rule Repeal H 1281/ H ppi (see H 1296/S Fin) 

S 1156 Federal Pension Withholding Funds S 1107/ S Appr 

S 1171 Surry School Acquisition 

S 1202 Condemnation/Local Consent (Alleghany/Surry) 

S 1226 1996 Tax Reform Act ~ H 1093/ S Fin 

S 1234 Intangibles Tax Refund 

S 1262 Audiovisual Masters 

S 1266 Pitt School Acquisition 

S 1268 New Hanover School Acquisition 

S 1271 Corporate Income Tax Phase Down H 1217/ H Fin (see S 826/S Fin) 

S 1272 Cellular Phones Sales Tax 

S 1275 Quality Jobs and Business Expansion H 1343/ H Fin (see S 1361/S Appr; 

H 1108/Conf Com) 

S 1281 Jail Fees Increase 

S 1282 Martin School Acquisition 

S 1285 Environmental Mgmt. Comn. Fees H 1317/ H ppi 

S 1303 Medical Savings Accounts H 1312/ H ppi 

S 1304 Food Tax Repeal/Freeze Hiring H 1079/ S Fin 

S 1307 Wilson School Acquisition 

S 1318 Riparian Buffers Program H 1340/ H ppi (see S 1351/S Appr) 

S 1335 School District Sales Tax Refunds H 1146/ H ppi 

S 1337 Individual Income Tax Reduce 

S 1338 Corporate Income Tax Reduce 

S 1339 Cigarette Tax Reduce 

S 1340 Sales Tax Reduce 

S 1350 Civil Penalties/Insurance/Mfd. Housing Board 

S 1363 Homestead Exemption H 1402/ H ppi (see H 1404/S Fin) 

S 1404 License Volunteer Physicians 

S 1410 State Lottery Referendum - 1996 (see S 624/S Failed 2nd Rdg; 

S 1388/S Appr) 

S 1426 Pender Impact Fees 

S 1458 Food Tax Credit 

S 1466 Employment Sec. Comn. Reserve Refund 

S 1472 Privilege License Taxes Repeal 

H 39 Raeford Sales Tax Refund S 75/ Ch. 16 

H 140 Insurance Lapse Penalty Changes 

H 422 N.C. Enterprise COrporations/AB 

H 585 Air Bag Replacement — Notice 

H 619 School Construction Contracts S 433/ S LocGov 

H 655 Raleigh Zoning Notices 

H 825 Funeral/Cremation Laws 

H 852 Motor Fuel/Use Tax Changes H 139/ H Fin 

H 865 Landscape Architect Exam Fees 



1996] 



SENATE JOURNAL 



333 



Summary of Bills/Resolutions Remaining in Senate 

FINANCE (Continued) 

Bill No. Short Title Identical Bill/Last Action or Note 



H 913 Prelitigation Farm Mediation 

H 986 White Goods Tax Reduce 

H 1013 Liquor Tax Illegal 

H 1079 State Food Tax Repeal/Freeze Hiring 

H 1093 1996 Tax Reform Act 

H 1242 Sales Tax Free Item 

H 1259 Federal Retirees Refund 

H 1289 Lincolnton-Lincoln Airport Authority 

H 1296 30-Day Tax Protest Rule Repeal 

H 1404 Homestead Exemption 

H 1422 Wilson's Mills 

JUDICIARY I/CONSTITUTION 

S 37 Term Limits 

S 43 Veto Conforming Changes 

S 47 Initiative/Const. Amd. 

S 55 Veto/Const. Amd. 

S 70 Term Limits/Const. Amd. 

S 71 Congressional Term Limits 

S 74 Supt. Pub. Instruction Appointed 

S 101 General Assembly Approve Rules 

S 171 Landowner Protection Act 

S 201 Landowner Protection 

S 215 Legislative Approval of Rules 

S 216 Pres. Pro Tempore RRC Appointments 

S 217 Rule Notice Subject Matter 

S 218 Standards for RRC 

S 227 RR Trespassing/Crossing Safety/AB 

S 234 Undisciplined Juveniles/Raise Age 

S 253 Exclusionary Rule/Const. Amendment 

S 272 Child Restraints 

S 298 Governor's Task Force on DWI/AB 

S 305 Pyrotechnics Sale 

S 356 Concealed Handgun Permit 

S 361 Juvenile Pilot Program 

S 380 Juvenile Commitments 

S 400 DWI Vehicle Impound/Confiscation 

S 401 Death by Vehicle + DWI = Lifetime 

S 403 Restitution/Require 

S 434 N.C. Lien Law 

S 438 ABC Liability/Social Host 

S 469 Joint Municipal Power Amendments 

S 484 Habitual Impaired Driving Revocations 

S 508 IC Mediation/Sunset Off 

S 520 Juvenile Indecent Liberties 

S 537 Ski Privilege Violations 

S 603 Tobacco Sales/Minors 

S 604 Forsyth Jails House Juveniles 

S 625 Marijuana Trafficking Amounts 

S 660 Youth-Alcohol DL Revocation 

S 696 ABC-Local Gov. Regulate Possession 



S 916/ S Fin 



S 1304/ S Fin 
S 1226/ S Fin 

(see S 250/S Appr) 

(see S 1111/S Fin) 
(see S 1363/S Fin) 



H 10/ H Failed 2nd Rdg 

H 11/ H Jud 1 

H 12/ S Failed 2nd Rdg 

H 13/ H Failed 2nd Rdg 

H 175/ H Jud 1 

H 127/ Ch. 308 

H 119/ H Jud 1 

H 192/ S Appr 

H 194/ H Jud 1 
H 193/ H Jud 1 
H 243/ H Transp/Air/Rail&Water 



H 353/ Ch. 506 
H 280/ Ch. 475 

H 255/ H ppi 
H 249/ H ppi 

Revocation 

(see H 898/Ch. 542) 

H 556/ Ch. 412 

H 72/ Ch. 494 
H 766/ Ch. 241 

H 645/ Ch. 366 



334 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
JUDICIARY I/CONSTITUTION (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 

Beach Towns ABC Possession 

Juvenile Transfer to Superior Court 

Emancipation by Parents 

Chiropractors Discipline H 829/ Ch. 188 

Construction Contracts/Government H 522/ H Jud 2 

Medical Records/Copy Cost 

Small Claims Amount 

Jury Trial/Noncapital Cases 

Drug Test for DWI 

Felony Penalties Increase 

Domestic Violence/No Firearm 

ABC Area/Redefine Special 

Criminal Records Law 

Service of Process 

Debtor's PI Exemption Limit 

Shareholder Derivative Actions/AB 

Domestic Elder Abuse or Neglect 

Capital Case Proportionality Review 

Equine Activity Liability 

Fingerprint/Photo. Juveniles/AB 

Testimony/Insanity Defense 

Handguns for Felons 

Subcontractor Claims/Gov't. Bldgs. 

Active Sentences Required 

Structured Sentencing H 720/ H Jud 2 

N.C Fair Campaign Act 

Positive Campaigns 

ICF/MR Criminal Record Checks/AB 

Real Property Lien Law 

Sex Offender Registration 

Mold Lien Act 

Rental Equipment Liens 

Buncombe/Cancellation by Exhibition 

CFTF Confidential Records Change 

Budget/Constitutional Amendment 

DWI-Indefinite Civil Suspension 

Salary Continuation/Dept. of Correction 

Residential Building Code Rules Review 

Substance Abuse Certification Rule 

Rules Sunset 

State Personnel Grievance Procedure 



s 


697 


s 


719 


s 


720 


s 


744 


s 


749 


s 


789 


s 


812 


s 


825 


s 


840 


s 


856 


s 


868 


s 


869 


s 


887 


s 


907 


s 


924 


s 


928 


s 


937 


s 


942 


s 


944 


s 


993 


s 


1009 


s 


1016 


s 


1024 


s 


1028 


s 


1030 


s 


1039 


s 


1040 


s 


1051 


s 


1091 


s 


1167 


s 


1170 


s 


1196 


s 


1213 


s 


1237 


s 


1259 


s 


1261 


s 


1295 


s 


1322 


s 


1323 


s 


1329 


s 


1353 


H 


111 


H 


195 


H 


402 


H 


403 


H 


494 


H 


495 


H 


534 


H 


817 


H 


893 



H 1164/ Ch. 744 
H 1163/ Ch. 607 
(see S 125/Ch. 604) 
H 1316/ S Ch&HumRes 
H 1282/ H Jud 1 

H 1322/ H ppi 
H 1364/ H Rules 
H 1362/ H Rules 

H 1139/ S Ch&HumRes 



Juvenile Open Records/Identity 
Superior Court Judges by District 
Foster Parent Criminal Checks/AB 
Day Care Provider Records/AB 
Assault Law Officer With Gun 
Law Enforcement Animal Injury 
Passing Stopped School Bus 
Environmental Audits 
Environmental Permit Appeals 



S 164/ S Appr 
S 165/ S Appr 



S 953/ S Jud 2 



1996] SENATE JOURNAL 335 

Summary of Bills/Resolutions Remaining in Senate 
JUDICIARY I/CONSTITUTION (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 

H 1204 Assault Law Officer/Firefighter 

H 1243 Assault/Serious Bodily Injury (see H 1108/Conf Com) 

H 1411 Outlaw Dog Fights 

JUDICIARY II/ELECTION LAWS 

S 14 Contribution Limits 

S 29 Capital Cases/Revise Appeal Process 

S 34 Death by Administration of Lethal Drugs 

S 40 Absentee Voting Revision H 27/ H ppi 

S 45 Criminal Appeals H 9/ Ch. 719 

S 46 Prison Cap Repeal H 4/ H ppi 

S 49 Food Stamp Fraud Felony H 17/ S Appr 

S 64 No Frills Prisons H 15/ S Jud 2 

S 72 N.G Resource Ctr. H 14/ H ppi 

S 80 Criminal Calendar Transfer H 32/ H ppi 

S 86 Estate Accounting Liability 

S 156 Weapon Exempt./Firefighters/EMS H 71/ Ch. 49 

S 168 Outdoor Advert./Just Compensation H 220/ S Jud 2 

S 173 Advance Notice of Rule Making 

S 183 Drug Sales Penalties H 150/ H Jud 2 

S 184 Misdemeanor Levels Relabel 

S 185 Misdemeanor Assault Penalty H 176/ H Jud 2 

S 187 Impaired Driving/Prior Records H 151/ H Jud 2 

S 208 Criminal Tech./Clariiying Amend. H 157/ H ppi 

S 212 Drugs/No Unemployment 

S 246 Contribution Limits - 2 

S 273 Campaign Finance Reports/Special Election 

S 297 Indigent/Capital Cases 

S 322 Voters Sign Pollbook 

S 358 Life Without Parole Review 

S 395 Concurrent Jurisdiction/AB 

S 409 Party Alignment Rotated H 509/ S Jud 2 

S 411 NCCJETSC Member 

S 417 Correction Enterprises H 303/ H Bus&Labor/EconExp 

S 468 Direct Control of County Boards H 875/ H Rules 

S 479 Drug Treatment Court Act 

S 492 Self-Insurers/Attorneys' Fees 

S 545 Medical Record Fees H 741/ H ppi (see H 898/Ch. 542) 

S 601 Blowing Rock Absentee Voting 

S 617 Jury Trial on Annexation 

S 655 Drug Offense Penalties 

S 657 Building Code Revisions 

S 729 State Medical Care Costs 

S 730 Fire Misdemeanors Reenacted 

S 734 Abortion/Right to Know 

S 735 Parental Consent/Abortion 

S 736 Contract Provisions Enforced 

S 750 Voting/Extending Terms 

S 762 Appeals of Right/Supreme Court 

S 763 Roller Skating Rink Liability 

S 782 Domestic Violence Changes 



H 741/ H ppi (see 


H 898/Ch. 


H 624/ H ppi 
H 481/ Ch. 462 




H 827/ H Jud 2 





336 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
JUDICIARY II/ELECTION LAWS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



S 786 Health Care Collaborative Practices 

S 791 Election Methods Alternative 

S 808 After Death Sales Regulated 

S 809 Ex Parte Funding/Supporting Services 

S 819 Elections Day After Tax Day 

S 827 Infractions/Jury Trials 

S 831 Firearm/Drug Offense/Possess 

S 842 Grandparent Visitation 

S 863 Presidential Primary Changed 

S 870 Drug Testing Labs 

S 875 Captive Wild Animal Protection 

S 889 Credit Cards Insurer Use 

S 925 Attempting to Elude 

S 938 Poll Time 9:30 

S 950 Environmental Permit Appeals 

S 953 Environmental Permit Appeals 

S 978 Health Care Self-Referral 

S 985 Capital Punishment Procedure 

S 1032 Emergency Management Compact 

S 1035 Bail Bond Forfeitures 

S 1037 Tobacco Sales to Minors 

S 1043 Seat Belt/Damages Limit 

S 1073 Life Sentence Appeals 

S 1075 SBI Subpoena Authority 

S 1104 Medical Evaluation Reports to D.M.V 

S 1119 Friday Canvass 

S 1120 Voter's Testimony 

S 1121 Election At-Large Methods 

S 1124 Pollworker Split Shifts 

S 1125 Gifts/Federal Political Action Committee 

S 1158 Workers' Compensation Fraud 

S 1159 Workers' Compensation Pauper Appeals 

S 1160 Workers' Compensation/Subcontractors 

S 1175 Water Testing Rules 

S 1184 Annexation Changes/Smaller Cities 

S 1185 Annexation Changes/Larger Cities 

S 1186 Condemnation Changes 

S 1187 ETJ Notice/Hearing/Appointments 

S 1230 Towed Vehicle Disposal 

S 1242 Safety Inspection 

S 1253 Workers' Compensation Fraud 

S 1292 Juvenile Commitment Length 

S 1336 Abduction From Legal Custodian 

H 15 No Frills Prisons 

H 160 Drug-Free Housing 

H 220 Outdoor Advert./Just Compensation 

H 434 Attempting to Elude Arrest/AB 

H 468 Felony Child Abuse/Increase Penalty 

H 509 Party Alignment Rotated 

H 511 Video Return/Sales Tax 



H 774/ Ch. 382 



H 970/ Ch. 383 



H 816/ H Hlth&Envir 
H 893/ S Jud 1 



H 1232/ H Trans 

H 1158/ Ch. 553 

H 1162/ Ch. 694 

H 1161/ H Jud 2 (see S 791/S Jud 2) 

H 1173/ Ch. 554 

H 1157/ Ch. 593 

S 1253/ S Jud 2; H 1091/ H Cal 36(a) 

H 1089/ Ch. 552 

H 1090/ Ch. 555 

H 1128/ H ppi 

H 1084/ S Held as Filed 

H 1082/ S Jud 2 

H 1174/ H Failed 2nd Rdg 

H 1083/ Ch. 746 

H 1268/ Ch. 635 

H 1113/ H Trans 

S 1158/ S Jud 2; H 1091/ H Cal 36(a) 

H 1207/ Ch. 609 

H 1301/ Ch. 745 

S 64/ S Jud 2 
S 168/ S Jud 2 



S 409/ S Jud 2 



1996] SENATE JOURNAL 337 

Summary of Bills/Resolutions Remaining in Senate 
JUDICIARY II/ELECTION LAWS (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 

H 533 Winston-Salem Lis Pendens S 309/ Ch. 158 

H 668 Alamance School Elections 

H 789 Roller Skating Rink Liability S 763/ S Jud 2 

H 791 Three Strikes and You Walk 

H 842 Uniform Fraudulent Transfer Act 

H 891 Telecommunications Fair Use 

H 911 Politics Taxpayer Subsidized 

H 940 Criminal/Civil Procedure Changes 

H 1082 Annexation Changes/Larger Cities S 1185/ S Jud 2 

H 1244 Appeal Bond Changes 

H 1264 Cert. Copies/Custody and Wills 

H 1265 Courts Commission Membership 

H 1287 DWI/Felony Prior Record Level S 1293/ S Appr 

H 1291 Food Stamp Felony Fraud (see H 230/Ch. 507) 

H 1320 Certified Notice Eliminated 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS 

S 222 Seven Lakes/Highway Laws Apply 

S 429 Scotland County Local Act-2 

S 432 Mecklenburg Force Account Labor H 618/ Ch. 219 

S 433 Charlotte Repair/Construction Limit H 619/ S Fin 

S 509 Pender Commissioner Districts H 598/ Ch. 68 

S 532 Burke County/Lake James 

S 553 Nash County Local Act 

S 581 Winston-Salem Housing Code 

S 605 Winston-Salem ABC Possession 

S 666 Sedalia Incorporated 

S 675 Morganton-Lenoir Airport Authority 

S 1131 Maxton Property Conveyance (Robeson) H 1112/ Ch. 576 

S 1153 Lumber Bridge Stagger Terms (Robeson) H 1185/ Ch. 570 

S 1154 Lumberton Abandoned Structures 

(Robeson) H 1181/ Ch. 733 

S 1302 Iredell/No Same-Sex Marriages 

S 1321 Rockingham Dam (Richmond) 

S 1369 Maggie Valley Charter (Haywood) H 1230/ Ch. 558 

S 1405 Surry/3rd Degree Trespass 

S 1414 Washington Hunting 

S 1427 Richmond Local Act - 2 

S 1428 Richmond Local Act - 1 

H 167 Macon Sheriff's Funds 

H 309 Pamlico GIS Records Exception 

H 370 River Bend Zoning/Annexation 

H 626 Scotland County Fire Districts 

H 648 Mooresville Fix Derelict Buildings 

H 1381 Haliwa-Saponi Tribe (Halifax/Warren) 

H 1400 Polk/Harmon Field Supervisors S 1377/ Ch. 685 









PENSIONS & RETIREMENT/INSURANCE/STATE PERSONNEL 

S 145 State Employee Incentive Program 
S 292 Early Retirement Penalty 
S 301 Managed Care Changes/AB 



338 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 

PENSIONS & RETIREMENT/INSURANCE/STATE PERSONNEL (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



S 313 

S 368 

S 392 

S 566 

S 700 

S 802 

S 830 

S 932 

S 1025 

S 1031 

S 1140 

S 1141 

S 1142 

S 1143 

S 1144 

S 1145 

S 1147 

S 1149 

S 1157 

S 1252 

H 295 Rental Car InsTPriority Claims 

H 438 State Personnel Act/AB 

H 442 Retirement/Federal Compliance/AB 

H 1191 Beach Plan Additional Coverage 

H 1194 Medicare Supplement Policies 

H 1198 Uninsured/Underinsured Coverage 

H 1423 Mecklenburg Law Officers' Fund 



Legislative Retirement Option 
Fam. Therapists/Direct Payment/AB 
State Veterans Home Program 
OB/Gyn Access 
Mental Health Coverage 
Firefighter Classifications 
Insurers/Assign Claims 
Insurance Reform 

Self-Insureds Financial Responsibility 
Insurance Rates and Liability 
Beach Plan Reserve Fund 
Nonfleet Motor Vehicle Definition 
Medicare Supplement Policies 
Consent to Rate 

Beach Plan Participation Formula 
Uninsured/Underinsured Coverage 
Continuing Care Facility Supervision 
Small Employer Health Plans 
Loss Costs Cleanup 
Loss Costs Cleanup 



RULES 



S 


206 


S 


235 


S 


526 


S 


587 


S 


588 


S 


589 


S 


599 


S 


609 


S 


613 


S 


626 


S 


628 


S 


638 


s 


673 


S 


674 


S 


692 


S 


715 


s 


716 


S 


777 


s 


778 


s 


779 


s 


794 


s 


795 



AND OPERATION OF THE SENATE 

Joint Legis. Utility Committee 
Miss America/Address Joint Session 
Trustees/University System 
Cabarrus Local Act - 2 
Cabarrus Local Act - 1 
Cabarrus Local Act - 3 
Scotland County Local Act 
Fayetteville Local Bill - 2 
Fayetteville Local Bill - 3 
Cumberland Local Act - 2 
Fayetteville Local Bill - 2 
District 29 Local Act - 2 
Rowan Local Act - 1 
Rowan Local Act - 2 
President's Appointments 
Mecklenburg Police Districts 
Moore School Board 
UNC Funds 

Community College Funds 
Public School Funds 
Public School Funds 
Community College Funds 



H 559/ H ppi 
H 503/ H Unfav 
H 437/ Ch. 346 
H 773/ Ch. 63 
H 958/ Ch. 157 
H 786/ H ppi 



H 1192/ Ch. 579 

H 1199/ Ch. 730 

H 1194/ S Pens 

H 1201/ Ch. 668 

H 1200/ Ch. 592 

H 1198/ S Pens 

H 1193/ Ch. 582 

H 1202/ Ch. 669 

S 1252/ S Pens; H 1086/ Ch. 729 

S 1157/ S Pens; H 1086/ Ch. 729 

S 405/ Ch. 141 
S 341/ Ch. 361 
S 1148/ Ch. 740 
S 1142/ S Pens 
S 1145/ S Pens 



H 222/ Ch. 440 
H 209/ H Adopts 
H 630/ H ppi 



1996] 



SENATE JOURNAL 



339 



Summary of Bills/Resolutions Remaining in Senate 
RULES AND OPERATION OF THE SENATE (Continued) 
Bill No. Short Title Identical Bill/Last Action or Note 



796 UNC Funds 

800 Restructure School System - 1 

801 Restructure School System - 3 
948 Outside Counsel/Joint Select Committee 

1077 Lake Gaston Settlement 

1099 Mem./Representative Nancy Chase 

1101 Mem./Amy Jean Jackson 

1103 1995 Adjournment/^^ Die 

1105 Enabling/Technical Amendments 

1109 Ports Study 

1132 Crime Control/Public Safety Study 
S 1138 School Law Revision Commission 
S 1205 Princeville Cemetery/Funds 
S 1210 Mem./James Gordon Hanes, Jr. 
S 1211 Mem./Gov. John Motley Morehead 
S 1227 Mem./Earl of Granville/Granville Co. 
S 1248 President Pro Tempore Appointments 
S 1249 President Pro Tempore Appointments-2 
S 1288 Child Fatality Task Force Extension 
S 1316 Senate President Appointments 
S 1325 Confirmation/Appointments 
S 1331 Welfare Study Commission Continued 
S 1334 Medicaid Study Extension 
S 1488 Enabling/Burning Religious Structures 
S 1494 Adjournment Postponement Offer 
H 106 Speaker and Pro Tempore Terms Limit 
H 124 War on Drugs Redeclared 
H 174 Confirmation/Executive Appts. 
H 352 Primary Date Earlier 
H 450 Declaration/Federation of the World 
H 571 Mem./Spaight, Blount, & Williamson 
H 673 State Gov't Bds & Comns Restructure 
H 850 Hon./Colonel Henry Kendall, Jr. 
H 855 Local Government Contracting 
H 943 Ex-Governor/Emmtas/BOG 
H 1056 Taiwan/United Nations 
H 1068 Mem./Stephen Cabarrus/Concord 
H 1155 State Building Evacuation 
H 1169 Boards and Commissions Abolish 
H 1171 Confirmation/Appointments 
H 1180 Trustees/College of the Albemarle (Pasquotank) 
H 1436 Speaker's Appointments 

TRANSPORTATION 

S 77 Trucks Using Multilane Highways 

S 233 Winston-Salem Loop Deleted 

S 284 Fire/Rescue Access Funds 

S 743 DMV Law Enforcement Jurisdiction 

S 915 Neighborhood Public Roads 

S 983 Seat Belts/Inspect 

S 1250 Privatize DMV Tag Offices 



(see H 898/Ch. 542) 

(see S 1489/Res. 20; H 1228/Res. 18) 



H 1175/ H Rules 

H 1229/ H ppi (see H 229/Ch. 324) 

H 1245/ H Rules 

H 1222/ H ppi 

(see S 1484/Res. 16) 

(see S 1486/Res. 22) 

(see S 1490/Res. 23; H 1276/Res. 19) 



H 1315/ H Rules 

H 1171/ S Rules 

H 1292/ H Rules (see H 230/Ch. 507) 
H 1318/ H Rules (see H 230/Ch. 507) 
H 1453/ Res. 28 



S 1097/ S Held/ Clerk's Office 



S 1325/ S Rules 



340 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
TRANSPORTATION (Continued) 
Bill No. Short Title 

S 1255 Rail Safety Transfer 
S 1349 Radio Island Railroad Trestle 
H 903 Motor Vehicle Dealer Audits 
H 1183 60 Days to Change DMV Info 
H 1337 Emissions Inspection Penalties 

WAYS AND MEANS — NONE — 



Identical Bill/Last Action or Note 

H 1172/ Ch. 673 
(see H 229/Ch. 324) 



S 1298/ H Cal 36(a) 



UNFAVORABLE REPORT FOR AMENDMENT AS 
COMMITTEE SUBSTITUTE (* Title Change ) 



Bill No 



s 


5 


s 


6 


s 


13 


s 


15 


s 


19 


s 


21 


s 


22 


s 


24 


s 


26 


s 


27 


s 


28 


s 


31 


s 


35 


s 


35 


s 


38 


s 


41 


s 


44 


s 


51 


s 


52 


s 


53 


s 


54 


s 


57 


s 


57 


s 


62 


s 


65 


s 


82 


s 


88 


s 


89 


s 


92 


s 


99 


s 


115 


s 


119 


s 


121 


s 


127 


s 


130 


s 


135 


s 


135 


s 


140 


s 


146 


s 


154 



, Short Title 

School Governance Changes 
Victims Rights Amend. 
Unemployment Tax Cut 

* Streamline State Education Agency 
Sch. Improvement Incentives/Funds 

* Use of Teacher Assistant Funds 
School Tech. Reserve Funds Allocate 
School Testing on Basics 
School Expulsion Modified 
Prison Cap Repeal 

* Crim. Penalties Increase 
Private Prisons 

* 1995 Welfare Reform 
Partnership for Independence 

* Campaign Reporting 

* Pro Se Indigent Prisoners/AB 
Sports Teams Registration Plates 

* Remove Dangerous Students From Sch. 
State-Owned Submerged Lands Study 
Sex Offender Registration 

* Veto Conforming Changes 

* ABC LRC Study Recommendations 
ABC LRC & Other Changes 
Mfd. Homes/Bill of Rts. 

* Check Cashing Regulate 

* Estate Amount Changes 
Juvenile Confinement Release Study 

* Minority Teachers Study 
Volunteer Fire Vehicles Tax Exempt. 

* School Flexibility/Accountability 
St. Employee Liab. Trust Fund 

* Immunity for Vol. Engineers 

* Inheritance/Gift Tax Changes 
Domestic Abuse/Disabled or Elder Adults 

* Fire/Rescue Squad Benefits Increase 

* 1995 Budget 

* 1995 Budget 

* Moment of Silence 

* Seed Law Amendments 
Accident Reportable Amount 



Identical Bill/Rewritten by Committee 

Judiciary I/Constitution 

H 64/ Judiciary I/Constitution 

Finance 

Education/Higher Ed. 

Education/Higher Ed. 

Education/Higher Ed. 

Appropriations 

H 927/Education/Higher Ed. 

Judiciary I/Constitution 

Judiciary II/ElecLaws 

Judiciary II/ElecLaws 

H 51/Judiciary II/ElecLaws 

H 19/ Children & HumanRes 

H 19/Appropriations 

Judiciary II/ElecLaws 

H 398/Judiciary II/ElecLaws 

Finance 

Judiciary I/Constitution 

Agric/Environ/NatRes 

Judiciary II/ElecLaws 

H 44/Judiciary I/Constitution 

H 253/Judiciary I/Constitution 

H 253/Judiciary I/Constitution 

Commerce 

Commerce 

Judiciary II/ElecLaws 

Children & Human Res 

Education/Higher Ed. 

Finance 

H 6/Education/Higher Ed. 

Judiciary I/Constitution 

H 182/Judiciary I/Constitution 

Finance 

H 96/Judiciary I/Constitution 

H 105/Pens&Ret/Ins/StPers 

Appropriations 

Appropriations 

H 202/Education/Higher Ed. 

H 158/Agric/Environ/Nat Res 

Judiciary I/Constitution 



1996] 



SENATE JOURNAL 



341 



Summary of Bills/Resolutions Remaining in Senate 

UNFAVORABLE REPORT FOR AMENDMENT AS 

COMMITTEE SUBSTITUTE (* Title Change ) (Continued) 

Bill No. Short Title Identical Bill/Rewritten by Committee 



s 


159 


s 


164 


s 


165 


s 


166 


s 


174 * 


s 


176 


s 


177 


s 


180 * 


s 


181 * 


s 


182 * 


s 


188 * 


s 


192 * 


s 


200 


s 


202 


s 


214 * 


s 


223 


s 


223 


s 


237 * 


s 


242 


s 


243 


s 


244 


s 


245 


s 


250 


s 


259 


s 


259 


s 


268 


s 


278 


s 


287 


s 


287 * 


s 


290 * 


s 


291 


s 


294 * 


s 


295 


s 


300 


s 


310 


s 


331 


s 


333 


s 


334 * 


s 


342 


s 


344 * 


s 


345 


s 


351 


s 


351 * 


s 


353 


s 


359 


s 


362 


s 


369 


s 


396 


s 


399 



Adoptions Rewrite 

Foster Parent Records/AB 

Day Care Provider Records/AB 

Attorneys-at-Law Regulation/AB 

Aerial Application of Pesticides 

UNC Bd of Gov Election Procedures 

Car Seized/Driving on Revoked D.L. 

ESC/Quarterly Reports 

Columbus Trust Exemption 

Filing Fee Refund/Candidate Death 

No Support/No License 

Tax Law Amend - 1 

Penalties/Violations of Ag. Laws 

Poultry Composting Credit 

Fiscal Note Rule 

School Employee Record Checks 

School Employee Record Checks 

Partnership Use Value Property 

Nonprofit Corporation Act 

Death Settlement Approval 

Simplified Estate Administration 

Lock Boxes/Opening Empty 

Federal Retirees Refund 

Civil Damages for Certain Crimes 

Civil Damages for Certain Crimes 

Loss Reserve Accounts/Econ. Dev. 

Clerks of Court on Commissions 

Statutory Rape Law 

Statutory Rape Law 

1995 Retirement Benefits Act/AB 

Nonprofit License Tax Exemption 

Regulation of Barbers/AB 

Smoke Detectors/Rental Property 

CDBG Loan Guarantees/AB 

Licensing/Examining Bd. Retirement 

Truck Weight Tolerances Limits 

Run Hill State Natural Area 

Rest Home Committee Ombudsman/AB 

Insurer Financial Amendments/AB 

Notary Law Amendments/AB 

Insurance Omnibus Changes/AB 

Festival 600 Special Plates 

Festival 600 Special Plates 

Insurance Technical Amendments/AB 

Blue Light Bandit/Felony 

Sheriffs' Commission Changes/AB 

Educ. Resource Teams/Standards 

Physician Cooperation Act 

Podiatry Definition 



Judiciary I/Constitution 
H 402/Judiciary I/Constitution 
H 403/Judiciary I/Constitution 
Judiciary II/ElecLaws 
Agric/Environ/NatRes 
Education/Higher Ed. 
Judiciary II/ElecLaws 
Finance 

H 169/Judiciary I/Constitution 
Judiciary II/ElecLaws 
Judiciary II/ElecLaws 
Finance 

H 116/Agric/Environ/Nat Res 
H 118/Agric/Environ/NatRes 
H 191/Judiciary I/Constitution 
Judiciary I/Constitution 
Judiciary I/Constitution 
Finance 

Judiciary I/Constitution 
Judiciary I/Constitution 
Judiciary I/Constitution 
Judiciary I/Constitution 
H 144/ Finance 
Judiciary I/Constitution 
Judiciary I/Constitution 
Commerce 

Judiciary I/Constitution 
Judiciary I/Constitution 
Judiciary I/Constitution 
H 376/Pens&Ret/Ins/StPers 
Finance 

Children & Human Res 
H 291/Judiciary I/Constitution 
H 361/Commerce 
Pens&Ret/Ins/StPers 
H 388/Transportation 
Agric/Environ/NatRes 
Children & Human Res 
Pens&Ret/Ins/StPers 
Judiciary II/ElecLaws 
Pens&Ret/Ins/StPers 
Transportation 
Finance 

Pens&Ret/Ins/StPers 
Judiciary I/Constitution 
H 435/Judiciary I/Constitution 
Children & Human Res 
Judiciary II/ElecLaws 
H 489; H 689/ 
Judiciary I/Constitution 



342 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
UNFAVORABLE REPORT FOR AMENDMENT AS 
COMMITTEE SUBSTITUTE (* Title Change ) (Continued) 
Bill No. Short Title Identical Bill/Rewritten by Committee 



s 


402 


s 


414 * 


s 


426 


s 


426 


s 


467 


s 


473 


s 


483 


s 


484 


S 


503 


S 


506 * 


S 


513 


s 


519 


s 


521 * 


S 


528 * 


s 


543 * 


s 


550 * 


s 


559 * 


s 


560 


s 


563 * 


s 


566 


s 


570 * 


s 


572 


s 


582 * 


S 


585 


S 


590 


s 


591 * 


s 


591 * 


s 


595 


s 


598 * 


s 


611 * 


s 


612 * 


s 


624 


s 


627 * 


s 


629 * 


s 


630 * 


s 


631 * 


s 


634 


s 


637 * 


s 


643 


s 


646 * 


s 


652 


s 


661 * 


s 


662 * 


s 


678 * 


s 


678 


s 


687 


s 


689 


s 


691 


s 


694 * 


s 


695 



Domestic Violence Order/No Firearm 

Interstate Branching Early Opt-In 

Public Records Law 

Public Records Law 

UNC/Uniform Reversion Rate 

Veterans' Disability Amendment 

Bison Meat Inspection/ AB 

Habitual Impaired Driving Revocations 

Farm CDL Amendments 

Health Law Changes 

Antideficiency Judgment Amend 

Purchases from Blind/Disabled 

Reidsville Lis Pendens 

Mediated Settlement Conferences 

Catawba/Deputies' Retirement 

Superior Court Electoral Reform 

Housing Authority Changes 

DSS/Youth Employment Certificates 

Cornelius Annexation 

OB/Gyn Access 

Pipeline Generation Exemption 

Small Business Surety Bonds 

Winston-Salem Beer/Wine Possession 

Execution of Judgments 

1995 Technical Corrections 

Insurance Continuing Education 

Insurance Licenses/Continuing Education 

Lead Abatement Certification 

Scotland County Local Act - 1 

Fayetteville Local Bill - 1 

Sprinkler Systems Requirements 

State Lottery Referendum - 1995 

Cumberland Local Act - 1 

Cumberland Local Act - 1 

Cumberland Local Act - 2 

Highway Wildflower Funds 

Loop Funds May be Reallocated 

District 29 Local Act - 1 

Sewer System Moratorium Notice 

Vol. Fire/Rescue/EMS Comp. Fund/AB 

Small Employer Coverage Changes 

Montgomery Local Act 

Richmond Local Act 

Insurance Charges/Fees/Consumer Funds 

Consumer Protection Fund/AB 

Improvement Permits/Sewage Systems 

Olympics Special Plates 

President Pro Tempore's Appointments 

Goldsboro Firemen's Supp. Fund 

Agriculture Waste Commission 



Judiciary I/Constitution 

Commerce 

Judiciary I/Constitution 

Finance 

H 242/Education/Higher Ed. 

Pens&Ret/Ins/StPers 

Agric/Environ/NatRes 

Judiciary I/Constitution 

Transportation 

Children & Human Res 

Judiciary II/ElecLaws 

Pens&Ret/Ins/StPers 

Judiciary II/ElecLaws 

Judiciary I/Constitution 

Pens&Ret/Ins/StPers 

Judiciary I/Constitution 

Judiciary I/Constitution 

Children & Human Res 

Local Gov & Reg Affairs 

H 773/Pens&Ret/Ins/StPers 

H 684/Commerce 

Finance 

S 605/Local Gov & Reg Affairs 

Judiciary I/Constitution 

Judiciary II/ElecLaws 

H 780/Pens&Ret/Ins/StPers 

H 780/Finance 

Children & Human Res 

Finance 

Rules and Operation 

Commerce 

Finance 

Rules and Operation 

Rules and Operation 

Rules and Operation 

Finance 

H 777/Transportation 

Pens&Ret/Ins/StPers 

Agric/Environ/NatRes 

Finance 

Pens&Ret/Ins/StPers 

Local Gov & Reg Affairs 

Finance 

Pens&Ret/Ins/StPers 

Finance 

Agric/Environ/NatRes 

H 976/Finance 

Rules and Operation 

Pens&Ret/Ins/StPers 

Appropriations 



1996] 



SENATE JOURNAL 



343 



Summary of Bills/Resolutions Remaining in Senate 
UNFAVORABLE REPORT FOR AMENDMENT AS 
COMMITTEE SUBSTITUTE (* Title Change ) (Continued) 
Bill No. Short Title Identical Bill/Rewritten by Committee 



700 
703 
723 
737 
759 
760 
769 
770 
771 
775 
784 
793 
798 
824 
837 
839 
850 
858 
859 
873 
876 
879 
882 
894 
905 
917 
927 
931 
940 
943 
951 
966 
969 
971 
971 



971 
972 
973 
973 
982 
991 
992 
999 
S1011 
S1012 
S1014 
S1038 
S1049 



Professional Counselors/Right to Choose 

State Economic Development 

Telephone Consumer Protection 2/AB 

Elec. Funds Transfer/Counties/ AB. 

Cigarette Sales Act Unfair 

D.M.V Enforcement Officers 

Emergency Medical Personnel Assault 

Braille Literacy 

Public Hospitals/Independent Contractors 

Willie M. Changes/AB 

Health Care Reform/HPC 

Pharmacy Practice Amendments 

Sanitary District Services 

State Auth./Fed. Clean Water Act 

Soil Scientists Licensing 

Graduated Drivers Licenses 

Modify Franchise Tax Base 

Clarify Principals' Tenure 

Mental Health Commitment Law 

Rezoning Notice Alternatives 

Bad Check Fees to Schools 

Transfer Ports Authority 

Industrial Commission/Fraud Check 

Community College Fuel Exemption 

State Fire and Rescue Commission 

Agriculture Waste Management Funds 

Small Rural Landfill Demolition 

Workers' Comp Self-Insureds Safeguards 

Charter School Act of 1995 

Fuel Tax at Rack Collect 

DEHNR Study/Environmental Regulation 

Cosmetology Fees Increase 

Atlantic States Marine Fisheries Compact 

Judicial Appt./Voter Retention 

Judicial Appt./Voter Retention 

Judicial Appt./Voter Retention 
Controlled Substances Tax Agents 
Workers' Compensation Rating Law 
Workers' Compensation Rating Law 
Campaign Reform/Election Study 
Wetlands Program/Mitigation Bank 
LEO Retirement Definition 
Force Account Work Limit 
State Employees RIF Rights/Options 
Underground Storage Tank Amends 
Nursing/Rest Home Emp. Checks 
Animal Welfare Revisions 
Investment Tax Credit 



H 958/Pens&Ret/Ins/StPers 
Rules and Operation 
Commerce 

Judiciary I/Constitution 
Commerce 
Transportation 
Judiciary II/ElecLaws 
H 1025/Education/Higher Ed. 
Judiciary I/Constitution 
Judiciary I/Constitution 
Judiciary II/ElecLaws 
Judiciary I/Constitution 
Finance 

H 886/Agric/Environ/Nat Res 
H 826/Agric/Environ/Nat Res 
Finance 
Finance 

Education/Higher Ed. 
Appropriations 
Judiciary II/ElecLaws 
Judiciary II/ElecLaws 
Transportation 
Judiciary I/Constitution 
Finance 

Pens&Ret/Ins/StPers 
Agric/Environ/NatRes 
Agric/Environ/NatRes 
Appropriations 
Education/Higher Ed. 
Finance 

Agric/Environ/NatRes 
Finance 

Agric/Environ/Nat Res 
Judiciary I/Constitution 
Select Review 
Judicial Committee 
Appropriations 
Finance 

Pens&Ret/Ins/StPers 
Appropriations 
Judiciary II/ElecLaws 
Agric/Environ/NatRes 
Pens&Ret/Ins/StPers 
Commerce 

H 953/Pens&Ret/Ins/StPers 
H 1029/Appropriations 
Judiciary I/Constitution 
Judiciary II/ElecLaws 
Finance 



344 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
UNFAVORABLE REPORT FOR AMENDMENT AS 
COMMITTEE SUBSTITUTE (* Title Change ) (Continued) 
Bill No. Short Title Identical Bill/Rewritten by Committee 



S1062 
S1063 
S1080 
S1108 
S1114 
S1128 
S1134 
S1139 
S1165 
S1173 
S1178 
S1182 
S1188 
S1189 
S1207 
S1217 
S1217 
S1220 
S1256 
S1263 
S1273 
S1275 
S1296 
S1297 
S1298 
S1301 
S1309 
S1313 
S1318 
S1324 
S1336 
S1341 
S1345 
S1348 
S1351 
S1375 
S1388 
S1396 



H 12 

H 12 

H 63 

H 65 

H 81 

H 90 

H 90 



DHR New Services/Funds 
DHR Services/Funds 
Swine Operations Siting 
Chocolate Milk/Soft Drink Tax 
Professional Teaching Standards Comn. 
Clean Water Management Fund 
School Facilities Guidelines 
ABC 's Plan (State Board of Ed.) 
Registration Block/County Remove 
Snow Days Offset/Alleghany School 
Revenue Laws Technical Changes 
Agency Printing 
Pine Straw Trespass/Theft 
Jones School Acquisition 
Gifted Students Education 
Animal Waste Recommendations 
Animal Waste Recommendations 
Kings Mountain School Pay Date Change 
High-Voltage Line Safety Act 
Northampton Road Hunting 
DMV Audit Recommendations 
Quality Jobs & Business Expansion 
Sex Offender Post-Release Supervision 
Probation Condition 
Emissions Inspection Penalties 
General Statutes Technical Bill 
Assault/Serious Bodily Injury 
Castle Hayne Incorporation 
Riparian Buffers Program 
Administrative Procedure Oversight 
Abduction From Legal Custodian 
Cooperative Fisheries/University Proj. 
Animal Waste Permits/Inspections 
Well and Pump Contractors 
Riparian Buffers 
Columbus Local Act 
Food Tax Reduce 
New Hanover Nursing Home Board 

Income Tax Cut/Child Credit 
Taxpayer Protection Act 
School Flexibility/Accountability 
St. Bd. of Educ/Constit. Authority 
Criminal Appeals 
Term Limits 

Term Limits/Election Reform 
Refrigeration Contracting Revisions/AB 
U.S. Flag/Pledge in Classroom 
DWI Mandatory Jail 
Concealed Handgun Permit 
Concealed Handgun Permit 



Children & Human Res 

Children & Human Res 

Agric/Environ/NatRes 

H 1331/Appropriations 

H 1249/Education/Higher Ed. 

Agric/Environ/NatRes 

H 1105/Education/Higher Ed. 

H 1250/Education/Higher Ed. 

Finance 

Education/Higher Ed. 

Finance 

H 1170/Commerce 

H 1117/Judiciary I/Constitution 

Finance 

H 1248/Education/Higher Ed. 

H 1227/Agric/Environ/NatRes 

H 1227/Finance 

Education/Higher Ed. 

H 1233/Commerce 

H 1286/Judiciary II/ElecLaws 

Transportation 

H 1343/Finance 

H 1324/Judiciary I/Constitution 

H 1325/Judiciary I/Constitution 

H 1337/Transportation 

Judiciary II/ElecLaws 

H 1243/ Judiciary I/Constitution 

H 1240/Finance 

H1340/Agric/Environ/NatRes 

H 1363/Finance 

H 1301/Judiciary II/ElecLaws 

Agric/Environ/NatRes 

Agric/Environ/NatRes 

H 1351/Agric/Environ/NatRes 

Agric/Environ/NatRes 

H 1375/ Local Gov&Reg Affairs 

Finance 

Local Gov & Reg Affairs 

Finance 

S 66/Finance 

S 99/Education/Higher Ed. 

S 100/Education/Higher Ed. 

S 45/Judiciary II/ElecLaws 

S 70/Judiciary I/Constitution 

S 70/Appropriations 

Commerce 

Education/Higher Ed. 

Judiciary II/ElecLaws 

Judiciary I/Constitution 

Finance 



1996] 



SENATE JOURNAL 



345 



Summary of Bills/Resolutions Remaining in Senate 
UNFAVORABLE REPORT FOR AMENDMENT AS 
COMMITTEE SUBSTITUTE (* Title Change ) (Continued) 
Bill No. Short Title Identical Bill/Rewritten by Committee 



H 113 
H 114 
H 115 
H 127 
H 134 
H 140 
H 161 
H 168 
H 192 
H208 
H208 
H222 
H223 
H229 
H230 
H233 
H269 
H273 
H300 
H311 
H311 
H330 
H333 
H337 
H340 
H353 
H353 
H361 
H389 
H458 
H473 
H473 
H481 
H481 
H490 
H496 
H507 
H537 
H540 
H543 
H545 
H545 
H550 
H555 
H578 
H593 
H619 
H637 
H637 
H638 



Criminal Justice Records Access 
Burlington Alamance School Merger 
Halifax ABC Board Modifications 
Landowner Protection Act 
DMV/DOT Technical Changes 
Insurance Lapse Penalty Changes 
Telephone Competition 
Child Support Changes/AB 
RRC Changes/Leg. Oversight 
Jackson/Madison School Acquisition 
County School Acquisition 
Joint Legis. Util. Committee 
Soft Drink Tax Phase Out 
1995 Continuation Budget 
1995 Expansion/Capital Approp. 
Moore Co. to Dist. 19B. 
Equit. Distrib./Sanction Delay 
ED Before or After Divorce 
Purchase Off Contract 
Counterfeit Trademarks 
Counterfeit Trademarks 
Winston-Salem Code Process 
Register of Deeds Retirement 
Transylvania/Fishing License 
Drug Test/Unemp. Benefits 
Governor's Task Force on DWI/AB 
Governor's Task Force on DWI/AB 
CDBG Loan Guarantees/AB 
Public School Building Bond Act of 1995 
DWI-Assessment Enhancement/AB 
Limited Liability Companies 
Ltd. Liab. Co./Foreign Prof. Corp. 
Parental Consent/Abortion 
Parental Consent/Abortion 
File Annual Reports/Dept. Rev. 
School Bus Driver Assault 
Colington Harbour MV Enforcement 
Gaston Community College Acquisition 
Highway Bond Act of 1995 
Dare GIS Records Exception 
Cartway Amendment 
Cartway Amendment 
Randolph School Acquisition 
North Carolina Boxing Commission 
Salisbury GIS Records Exception 
Bogue Incorporated 
School Construction Contracts/Local 
Products Liability Amendments 
Products Liability Amendments 
Sanford Private Sale 



Judiciary I/Constitution 

Finance 

Local Gov & Reg Affairs 

S 171/Judiciary I/Constitution 

Judiciary I/Constitution 

Pens&Ret/Ins/StPers 

S 224/Commerce 

Appropriations 

S 215/Judiciary I/Constitution 

Local Gov & Reg Affairs 

Finance 

S 206/Commerce 

S 251/Finance 

Appropriations 

Appropriations 

Appropriations 

Judiciary I/Constitution 

Judiciary I/Constitution 

Commerce 

Judiciary I/Constitution 

Judiciary I/Constitution 

Local Gov & Reg Affairs 

Pens&Ret/Ins/StPers 

Agric/Environ/NatRes 

Commerce 

S 298/Judiciary I/Constitution 

S 298/Judiciary I/Constitution 

S 300/Commerce 

Finance 

Finance 

Judiciary I/Constitution 

Judiciary I/Constitution 

S 735/Judiciary II/ElecLaws 

S 735/Education/Higher Ed. 

Appropriations 

Judiciary I/Constitution 

Transportation 

Finance 

Appropriations 

Local Gov & Reg Affairs 

Judiciary II/ElecLaws 

Judiciary II/ElecLaws 

Finance 

Finance 

Local Gov & Reg Affairs 

Finance 

S 433/Education/Higher Ed. 

Judiciary I/Constitution 

Judiciary I/Constitution 

Local Gov & Reg Affairs 



346 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Remaining in Senate 
UNFAVORABLE REPORT FOR AMENDMENT AS 
COMMITTEE SUBSTITUTE (* Title Change ) (Continued) 
Bill No. Short Title Identical Bill/Rewritten by Committee 



H 642 * Edgecombe Commissioners Election 

H 645 * ABC-Local Gov't Regulation 

H 651 * Nags Head Noise 

H 657 Chatham Omnibus 

H 659 * Duplin Road Hunting 

H 661 * Halifax School Board Vacancies 

H 682 * Orange Omnibus 

H 706 * Various Occupancy Tax Changes 

H 708 * Compliance Data Electronic Monitor 

H 718 * Parks & Recreation/Natural Heritage 

H 729 Punitive Damages in Civil Actions 

H 730 Malpractice Action Frivolous 

H 739 Higher Ed. Credit Transfer 

H 762 Videotaped Depositions 

H 766 Tobacco Sales/Minors 

H 767 * Eddie Eagle Gun Safety Program 

H 798 Food Equipment Repeal 

H 807 * Home Care/Hospice Criminal Checks 

H 832 * Critical Habitat 

H 834 * Abstinence Until Marriage 

H 836 * Environmental Permitting 

H 851 * Bail Bond Changes 

H 859 Solid Waste Amendments 

H 879 * Gun Preemption 

H 881 * Teacher Certification Alternative 

H 897 * Speaker's Appointments 

H 899 * Landlord/Tenant Changes 

H 905 Worthless Checks Clarification 

H 910 Child Bicycle Safety Act 

H 913 Prelitigation Farm Mediation 

H 914 * Comm. Coll. Trustee Qualifications 

H 934 Environmental Tech. Corr. 

H 955 Charter Sch. Educ. Opportunity Act 

H 994 Appropriations Fee Provisions 

H 995 Venture Capital Investment Incentive 

H1001 * Property Tax Exempt /Old Cars 

H1069 1995 Adjournment/Swe Die 

H1077 * Shellfish Lease/Franchise Employees 

H1083 * ETJ Notice/Hearing on Appointments 

H1086 Loss Costs Cleanup 

HI 100 1996 School Bonds Act 

HI 108 Budget Modify 

HI 135 * Repeal "New Road" in Craven County 

HI 149 * Physician Registration 

H1268 Towed Vehicle Disposal 

H1270 * Craven Road Hunting 

H1372 * Stanly Land Conveyance 



Local Gov & Reg Affairs 

S 696/Judiciary II/ElecLaws 

Local Gov & Reg Affairs 

Local Gov & Reg Affairs 

Local Gov & Reg Affairs 

Local Gov & Reg Affairs 

Finance 

Finance 

Agric/Environ/NatRes 

Appropriations 

Judiciary I/Constitution 

Judiciary I/Constitution 

Education/Higher Ed. 

Judiciary I/Constitution 

S 603/Judiciary I/Constitution 

Education/Higher Ed. 

H 719/Commerce 

Finance 

Agric/Environ/NatRes 

S 788/Education/Higher Ed. 

S 860/Finance 

Judiciary II/ElecLaws 

S 891/Agric/Environ/NatRes 

Judiciary I/Constitution 

Education/Higher Ed. 

Rules and Operation 

Judiciary II/ElecLaws 

Judiciary I/Constitution 

Judiciary I/Constitution 

S 916/Finance 

Education/Higher Ed. 

S 874/Agric/Environ/NatRes 

Education/Higher Ed. 

Finance 

Finance 

Finance 

Rules and Operation 

S 1194/Agric/Environ/NatRes 

S 1187/Judiciary II/ElecLaws 

S 1157/Pens&Ret/Ins/StPers 

S1129/Finance 

Appropriations 

Local Gov & Reg Affairs 

Rules and Operation 

S 1230/Judiciary II/ElecLaws 

Local Gov & Reg Affairs 

S 1360/Local Gov & Reg Affairs 



347 



SENATE JOURNAL 



[Second Session 



SUMMARY OF BILLS AND RESOLUTIONS 

ORDERED SENT TO THE 

HOUSE OF REPRESENTATIVES 

1995 SESSION 

SECOND SESSION 1996 



Bill No. Short Title 



Final Action (Identical Bill/Last Action) 



s 


5 


s 


7 


s 


9 


s 


21 


s 


22 


s 


38 


s 


44 


s 


62 


s 


65 


s 


99 


s 


116 


s 


163 


s 


170 


s 


174 


s 


179 


s 


181 


s 


192 


s 


209 


s 


213 


s 


247 


s 


249 


s 


254 


s 


255 


s 


269 


s 


270 


s 


279 


s 


283 


s 


288 


s 


291 


s 


307 


s 


330 


s 


332 


s 


346 


s 


351 


s 


374 


s 


383 


s 


431 


s 


447 


s 


452 


s 


488 


s 


503 


s 


513 


s 


521 


s 


523 


s 


524 



School Governance Changes H 

Local Option Homestead Increase H 

Expand Homestead Exemption H 

Use of Teacher Assistant Funds H 

Allocate School Tech. Reserve Funds H 

Campaign Reporting H 

Sports Teams Registration Plates H 

Mfd. Homes/Bill of Rts. H 

Regulate Check Cashing H 

School Flexibility/Accountability H Rules 

Duty to Defend State Employees H Jud 1 

Whiteville School Board H LocGov 

Eliminate Double Vehicle Tax H Fin 

Notify/Aerial Application of Pesticides H Agric 

Rockingham TDA Membership H LocGov 

Pub. Hosp. Thist/N.C. Exempt H Fin 
Vitamins Dispensed by Chiropractor/Exempt H Jud 1 

Modify Active Sentence H Jud 2 

N.C. Participation/Conf. of States H Rules 

Party Gifts Exemption H Rules 

Mental Health Study Commission H Rules 



Failed 3rd Rdg 

Fin 

Fin (H 307/ H ppi) 

Cal 36(a) 

Cal 36(a) 

Rules 

Fin 

Bus&Labor/Econ Exp 

Fin 

(H 6/ Ch. 450) 
(H 186/ H Jud 1) 
(H 131/ Ch. 3) 



(H 137/ Ch. 52) 
(H 169/ H ppi) 

(H 156/ H ppi) 



Mount Airy Elections H LocGov 2 

Mount Airy Supplementary Fund H Pens&Ret 

Dallas Property Maintenance H Fin 

Shelby Occupancy Tax H LocGov 1 

School Boards/Quick Take H Jud 1 

Amend Richmond Deer Hunting H LocGov 2 

Alleghany School Acquisition H Fin 

Nonprofit License Tax Exemption H Fin 

Sanitary Districts "Quick Take" H Fin 

Nursing Home Administrators Board H StGov 

Late Charges for Revolving Credit H Cal 36(a) 

State Work Program Repeal/AB H Wel&HumRes 

War Veteran Special Plate H Rules 

Moore County School Board Pay H Rules 

Emergency Use/Prison Laundry/AB H Jud 2 
Extend Charlotte School Funding Program H Appr/Ed 

Eliminate Board Self-Appointments H StGov 
UNC Bd. of Governors Member Limit H Ed/CC&Univ 

DMV/Business License Info./AB H Rules 

Allow Seasonal, Restricted CDL H Rules 

Antideficiency Judgment Amend H Jud 1 

Housing Enforcement Lis Pendens H Jud 1 

Chatham Lease H Rules 

Orange Omnibus H Rules 



(H 282/ H ppi) 
(see H 898/Ch. 542) 
(H 313/ Ch. 30) 
(H 314/ Ch. 165) 



(H 204/ Ch. 86) 









348 



SENATE JOURNAL 



[Second Session 



Summary of Bills/Resolutions Sent to the House of Representatives 

Bill No. Short Title Final Action (Identical Bill/Last Action) 



S 527 Sandyfield Charter Repeal 

S 529 Alamance Courthouse Construction 

S 536 Mount Airy Occupancy Tax 

S 544 Transfer Facilities Public Hearings 

S 546 City Vote 

S 550 Superior Court Electoral Reform 

S 557 Wilmington Annexation Agreement 

S 564 Resetting Execution Date 

S 565 Corr. Oversight Salary Study/AB 

S 567 Domestic Violence Changes 

S 572 Small Business Surety Bonds 

S 573 Optometry Changes 

S 592 Fayetteville Fair Housing Amendments 

S 594 Worker's Comp. Mediation Sunset 

S 602 Foscoe Incorporated 

S 618 Catawba Veterans' Preference 

S 627 Cumberland Room Tax Administration 

S 631 Enhance Highway Wildflower Funds 

S 677 Comm. College Can Receive Grant 

S 678 Consumer Protection Fund/ AB 

S 695 Agriculture Waste Commission 

S 713 Durham Facilities Fees 

S 721 Strict Liability/Minor's Damage 

S 723 Telephone Consumer Protection 2/AB 

S 726 Wake School Acquisition 

S 728 Substance Abuse Changes 

S 733 Out-of-State Retirement 

S 780 Nursing Home Requirements/AB 

S 793 Pharmacy Practice Amendments 

S 807 Regional Vocational Authorities 

S 814 Memorandum Filed With Motion 

S 839 Graduated Drivers Licenses 

S 844 Calendaring Arraignments/Superior Court 

S 846 Instruction/Mental Health Treatment/AB 

S 880 Beach Property Insurance 

S 914 School Emp./State Emp. Sick Leave 

S 919 Motor Vehicle Dealer Succession 

S 922 Opportunities for Teacher Assistants 

S 939 Reportable Disease Changes 

S 940 Charter School Act of 1995 

S 961 Nonpartisan Judicial Elections 

S 971 Judicial Appt/Voter Retention 

S 976 Boat Number Fees 

S 988 Recyclable Haulers Weight Relief 

S 1014 Nursing/Rest Home Emp. Checks 



S 1015 Redefine Developer 

S 1054 Advance Rental Payments 

S 1063 M.H. Sub. Abuse Women/Child 

S 1084 Amend Reprocessed Oil Regulation 

S 1095 Honoring N.C. Women Legislators 

S 1100 Honoring/82nd Airborne Division 



(H 602/ Ch. 
(H 603/ Ch. 



119) 
198) 



(see H 898/Ch. 542) 



H LocGov 2 

H LocGov 2 

HFin 

H Cal 36(a) 

H Unfav 

H Jud 1 

HFin 

H Jud 2 

H Rules 

H Cal 36(a) 

H Fin 

H Cal 36(a) 

H LocGov 1 

H Bus&Labor 

H LocGov 2 

H Rules (H 627/ Ch. 87) 

H LocGov 2 

H Failed 2nd Rdg 

H Educ 

HFin 

H Appr 

H Rules 

H Jud 1 

HFin 

H LocGov 1 

H Appr/Jus&PS 

H Pens&Ret 

H Rules 

H Bus&Labor 

H Wel&HumRes 

H Jud 1 

H Transp 

H Jud 1 

H Jud 2 

HIns 

H Rules 

H Rules 

H Cal 36(a) 

H Wel&HumRes 

H Educ 

H Jud 1 

H Failed 2nd Rdg 

H Fin 

HFin 

H Fin (see S 1301/Ch. 742; 

H 686/Ch. 591; 

H 1395/Ch. 636) 
H Fin 

H Bus&Labor 
H Wel&HumRes 
H Rules 
H Rules (H 1055/ 

S Held as filed) 
H Rules 



1996] 



SENATE JOURNAL 



349 



Summary of Bills/Resolutions Sent to the House of Representatives 

Bill No. Short Title Final Action (Identical Bill/Last Action) 



S 1108 

S 1117 

S 1118 

S 1122 



Chocolate Milk/Soft Drink Tax 
NC Standards Bd/Public School Admin. 
Pembroke State University Name Change 
Lift ESC Voter Sunset 



H Fin (H 1331/ H Fin) 

H Educ (H 1246/ H Educ) 

H Rules (H 1072/ Ch. 603) 

H Jud 2 (H 1159/ Ch. 608) 
(see S 851/S Appr; 
H 230/Ch. 507) 
S 1123 National Voter Registration Act Corrections H Passed 2nd Rdg 

(H 1160/ H Jud 2) 
H Jud 2 (H 1203/ Ch. 734) 
H Rules (H 1101/ 

S Held as Filed) 
H LocGov 2 (H 1215/ Ch. 617) 



s 


1126 


s 


1136 


s 


1172 


s 


1180 


s 


1182 


s 


1188 


s 


1189 


s 


1207 


s 


1218 


s 


1220 


s 


1241 


s 


1260 


s 


1273 


s 


1278 


s 


1284 


s 


1296 


s 


1297 


s 


1298 


s 


1308 


s 


1313 


s 


1319 


s 


1324 


s 


1330 


s 


1343 


s 


1344 


s 


1374 


s 


1379 


s 


1392 


s 


1396 


s 


1399 


s 


1400 


s 


1493 


H 


389 


H 


1375 



Countywide Polhvorkers 
Amend Local Sales Taxes 



Rockingham Equalization & Review Bd. 
Accounting for 911 Surcharges 
Agency Printing 
Trespass/Theft of Pine Straw 

Jones School Acquisition 
Education of Gifted Students 
Convey Old Maple Hill School (Pender) 
Kings Mtn. School Pay Date (Cleveland) 
Dependent Juvenile Definition Change 

Foreclosure Filing Fees 
DMV Audit Recommendations 
Jacksonville Site Plan Review (Onslow) 
Modify State Ports Tax Incentive 
Sex Offender Post-Release Supervision 

Conditions of Probation 
Emissions Inspection Penalties 
Admin. Search Warrants/When Served 
Castle Hayne Incorporation (New Hanover) 
Reidsville Annexations (Rockingham) 
Administrative Procedures Act Changes 
Sedalia Incorporated (Guilford) 
Environmental Mgmt Comn Members 

Supplemental Insurance Benefits 
Cerro Gordo Private Sale (Columbus) 
Durham County Gun Permit Fee 
Aberdeen Annexation (Moore) 
New Hanover Nursing Home Board 
Columbus County Lease Term 
Brunswick Terms 

Enabling/Water Resources/Kure Beach 
Public School Building Bond Act of 1995 
Whiteville School Elections (Columbus) 



H Cal 36(a) 
H Rules 
H Rules 

H LocGov 1 
H Educ 
H LocGov 1 
HEduc 
H Rules 

H Jud 2 
H Cal 36(a) 
H LocGov 
H Fin 
H Jud 2 

H Rules 
H Cal 36(a) 
H Jud 1 
H Fin 
H Fin 
H Rules 
HFin 
H Cal 36(a) 



(H 1170/ H Cal 36(a)) 
(H 1117/ H ppi) 
(see S 1409/Ch. 601) 

(H 1248/ H Educ) 



(H 1278/ 
S Ch&HumRes) 



(H 1324/ 
S Held as Filed) 
(H 1325/ H ppi) 
(H 1337/ S Trans) 
(H 1346/ H Cal 36(a)) 
H 1240/ H ppi) 

(H 1363/ H Rules) 



(H 1338/ 
S Ag/Envir/NatRes) 
H Rules 

H LocGov 1 (H 1383/ Ch. 708) 
H LocGov 2 
H LocGov 1 
H Rules 

H Fin (see H 1397/Ch. 709) 

H LocGov 1 (H 1385/ Ch. 622) 
H Rules 
HFin 
S Recalled from Enrolling 

(S 1375/ Ch. 661) 






350 



SENATE JOURNAL 



[Second Session 



VOTE SUMMARY 

BY SEQUENCE 
1995 SESSION 

Votes are recorded in the Senate Chamber pursuant to the Constitution of North 
Carolina and Senate Rules 25 through 30. This summary of votes is in sequential 
order from convening January 25, 1995, through adjournment sine die, June 21, 
1996. An abbreviated title appears below the reflected vote. 

It will be noted that numerical figures appear within parentheses throughout the 
Senate Journal. These figures represent the affirmative and negative votes cast 
and recorded electronically, pursuant to Senate Rule 25. Copies of the voting 
print-out are on file in the Legislative Library and the original is deposited in the 
Division of Archives and History of the Department of Cultural Resources. 

(Note: The vacant seat filled on March 28, 1995, is reflected from sequence 214 
forward.) 



SEQ# 

DATE 

BILL 

RDG 

CR 

MOT 



AMD 
TOTALS 



Legend 

Sequential order of votes from beginning to end of Session 

Date of daily Session 

Bill Number on which vote taken 

Reading 

Conference Report 

Motion Code [Rule 25(h)] 

1. To lay on the table. 

2. For the previous question. 

3. To postpone indefinitely. 

4. To postpone to a day certain. 

5. To refer to a committee. 

6. To reconsider. 

7. To adopt. 

8. To concur. 

9. To take from the table. 
0. Miscellaneous. 

Amendment Number 

Y- Aye 

N- No 

P- Pairs (Number announced) 

NV- Not Voting 

EXA- Excused Absence 

EXV- Excused Vote 



FIRST REGULAR SESSION 



SEQ# DATE BILL 

1 01/25/95 

2 01/25/95 SRI 

3 01/25/95 SRI 



RDG CR MOT AMD TOTALS 



Y-49 N-0 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

1 Y-45 N-2 P-0 NV-2 EXA-0 EXV-0 

1995 PERMANENT RULES 

2 Y-21 N-28 P-0 NV-0 EXA-0 EXV-0 

1995 PERMANENT RULES 



1996] 


SENATE JOURNAL 351 


SEQ# 


DATE BILL 


RDG CR MOT AMD 


TOTALS (LEGEND— SEE PAGE 350) 


4 


01/25/95 SRI 


3 


Y-23 N-26 P-0 NV-0 EXA-0 EXV-0 

1995 PERMANENT RULES 


5 


01/25/95 SRI 


4 


Y-23 N-26 P-0 NV-0 EXA-0 EXV-0 








1995 PERMANENT RULES 


6 


01/25/95 SRI 


5 


Y-22 N-26 P-0 NV-1 EXA-0 EXV-0 

1995 PERMANENT RULES 


7 


01/25/95 SRI 


6 


Y-23 N-26 P-0 NV-0 EXA-0 EXV-0 

1995 PERMANENT RULES 


8 


01/25/95 SRI 


7 


Y-23 N-26 P-0 NV-0 EXA-0 EXV-0 

1995 PERMANENT RULES 


9 


01/25/95 SRI 


7 


Y-25 N-24 P-0 NV-0 EXA-0 EXV-0 

1995 PERMANENT RULES 


10 


01/25/95 SJR2 


2 


Y-39 N-l P-0 NV-9 EXA-0 EXV-0 

ORGANIZED/INVITE GOVERNOR 


11 


01/25/95 


1 


Y-28 N-l 3 P-0 NV-8 EXA-0 EXV-0 








ELECTION PRESIDENT PRO TEM- 
CLINCHER 


12 


01/25/95 SRI 


2 


Y-22 N-27 P-0 NV-0 EXA-0 EXV-0 








1995 PERMANENT RULES 


13 


01/25/95 SRI 


5 


Y-23 N-26 P-0 NV-0 EXA-0 EXV-0 

1995 PERMANENT RULES 


14 


01/25/95 SRI 


2 


Y-23 N-26 P-0 NV-0 EXA-0 EXV-0 

1995 PERMANENT RULES 


15 


01/25/95 SRI 


7 


Y-26 N-23 P-0 NV-0 EXA-0 EXV-0 

1995 PERMANENT RULES 


16 


01/26/95 




Y-49 N-0 P-0 NV-0 EXA-0 EXV-0 








TEST VOTE 


17 


01/30/95 




Y-49 N-0 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 


18 


01/31/95 




Y-32 N-l 7 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 


19 


02/01/95 




Y-49 N-0 P-0 NV-0 EXA-0 EXV-0 








TEST VOTE 


20 


02/01/95 SB3 


1 


Y-22 N-26 P-0 NV-1 EXA-0 EXV-0 

VETO 


21 


02/01/95 SB3 


2 


Y-23 N-26 P-0 NV-0 EXA-0 EXV-0 








VETO 


22 


02/01/95 SB3 


2 


Y-47 N-2 P-0 NV-0 EXA-0 EXV-0 








VETO 


23 


02/01/95 SB3 


3 


Y-46 N-3 P-0 NV-0 EXA-0 EXV-0 








VETO 


24 


02/01/95 SB3 


1 


Y-23 N-26 P-0 NV-0 EXA-0 EXV-0 








VETO 


25 


02/01/95 SB3 


2 


Y-46 N-3P-0 NV-0 EXA-0 EXV-0 








VETO 


26 


02/02/95 




Y-33 N-16 P-0 NV-0 EXA-0 EXV-0 






2 


TEST VOTE 


27 


02/02/95 SB13 


Y-46 N-0 P-0 NV-3 EXA-0 EXV-0 








UNEMPLOYMENT TAX CUT 


28 


02/02/95 SB16 


2 


Y-48 N-0 P-0 NV-1 EXA-0 EXV-0 








ST. BD. REPORT/SCHOOL SYSTEM 


29 


02/06/95 




Y-24 N-23 P-0 NV-0 EXA-2 EXV-0 








TEST VOTE 


30 


02/06/95 SB13 


3 


Y-43 N-0 P-0 NV-3 EXA-3 EXV-0 



UNEMPLOYMENT TAX CUT 



352 

SEQ# DATE BILL 

31 02/07/95 

32 02/07/95 SB4 

33 02/07/95 SB4 

34 02/08/95 



SENATE JOURNAL 



RDG CR MOT AMD TOTALS 



[Second Session 

(LEGEND— SEE PAGE 350) 



35 


02/08/95 HJR91 


2 


36 


02/08/95 SB8 


2 


37 


02/08/95 SCB52 


2 


38 


02/08/95 SCB27 


2 


39 


02/09/95 




40 


02/09/95 SB8 




41 


02/09/95 SB8 


3 


42 


02/09/95 SCB5 




43 


02/09/95 SCB5 


2 


44 


02/09/95 SCB5 


3 


45 


02/09/95 SB75 


2 


46 


02/09/95 SB8 


3 


47 


02/13/95 




48 


02/13/95 




49 


02/13/95 




50 


02/14/95 




51 


02/14/95 




52 


02/14/95 SCB3 




53 


02/14/95 HB70 


2 


54 


02/15/95 




55 


02/15/95 




56 


02/15/95 SCB6 




57 


02/15/95 SCB6 


2 



Y-29 N-19 P-0 NV-1 EXA-0 EXV-0 

TEST VOTE 

Y-47 N-0 P-0 NV-1 EXA-1 EXV-0 

ALTERNATIVE PUNISHMENTS 

Y-46 N-0 P-0 NV-2 EXA-1 EXV-0 

ALTERNATIVE PUNISHMENTS 

Y-26 N-23 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-46 N-0 P-0 NV-2 EXA-1 EXV-0 

CONFIRMATION/BANKS 

Y-48 N-0 P-0 NV-0 EXA-1 EXV-0 

INTANGIBLES REPEAL/HARMLESS 

Y-47 N-0 P-0 NV-1 EXA-1 EXV-0 

STATE-OWNED SUBMERGED 
LANDS STUDY 

Y-48 N-0 P-0 NV-0 EXA-1 EXV-0 

REPEAL PRISON CAP 

Y-32 N-17 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

2 Y-7 N-39 P-0 NV-2 EXA-1 EXV-0 

INTANGIBLES REPEAL/HARMLESS 

Y-47 N-0 P-0 NV-1 EXA-1 EXV-0 

INTANGIBLES REPEAL/HARMLESS 

1 Y-47 N-l P-0 NV-0 EXA-1 EXV-0 

SCHOOL GOVERNANCE CHANGES 

Y-47 N-0 P-0 NV-1 EXA-1 EXV-0 

SCHOOL GOVERNANCE CHANGES 

Y-48 N-0 P-0 NV-0 EXA-1 EXV-0 

SCHOOL GOVERNANCE CHANGES 

Y-46 N-0 P-0 NV-2 EXA-1 EXV-0 

RAEFORD SALES TAX REFUND 

Y-48 N-0 P-0 NV-0 EXA-1 EXV-0 

INTANGIBLES REPEAL/HARMLESS 

Y-26 N-23 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-40 N-l P-0 NV-5 EXA-3 EXV-0 

JOURNAL 

Y-43 N-l P-0 NV-2 EXA-3 EXV-0 

JOURNAL 

Y-29 N-20 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-38 N-0 P-0 NV-9 EXA-2 EXV-0 

JOURNAL 

Y-3 N-43 P-0 NV-1 EXA-2 EXV-0 

VETO 

Y-45 N-0 P-0 NV-2 EXA-2 EXV-0 

PROPERTY TAX DUE DATE 

Y-28 N-18 P-0 NV-0 EXA-3 EXV-0 

TEST VOTE 

Y-38 N-0 P-0 NV-1 1 EXA-0 EXV-0 

JOURNAL 

1 y-43 N-2 P-0 NV-1 EXA-3 EXV-0 

VICTIMS RIGHTS AMEND. 

Y-44 N-l P-0 NV-1 EXA-3 EXV-0 

VICTIMS RIGHTS AMEND. 



1996] 



SEQ# DATE 



BILL 



SENATE JOURNAL 



RDG CR MOT AMD TOTALS 



353 



(LEGEND— SEE PAGE 350) 



58 02/15/95 SCB6 

59 02/15/95 SB143 

60 02/15/95 

61 02/16/95 

62 02/16/95 

63 02/16/95 SCB16 

64 02/16/95 SB9 

65 02/16/95 SB9 

66 02/16/95 SB63 

67 02/20/95 

68 02/20/95 

69 02/20/95 SB104 

70 02/20/95 SB108 

71 02/20/95 SB108 

72 02/20/95 SB125 

73 02/20/95 SB167 

74 02/21/95 

75 02/21/95 

76 02/21/95 HCB67 

77 02/21/95 SB104 

78 02/21/95 SB108 

79 02/22/95 

80 02/22/95 

81 02/22/95 HCB131 

82 02/22/95 SB152 

83 02/22/95 HCB67 

84 02/23/95 



3 Y-43 N-l P-0 NV-2 EXA-3 EXV-0 

VICTIMS RIGHTS AMEND. 

2 Y-44 N-0 P-0 NV-2 EXA-3 EXV-0 

SOUTH AFRICA RESTRICTIONS 

Y-38 N-0 P-0 NV-8 EXA-3 EXV-0 

JOURNAL 

Y-28 N-l 9 P-0 NV-0 EXA-2 EXV-0 

TEST VOTE 

Y-40 N-0 P-0 NV-7 EXA-2 EXV-0 

JOURNAL 

8 Y-2 N-41 P-0 NV-4 EXA-2 EXV-0 

ST. BD. REPORT/SCHOOL SYSTEM 

1 Y-20 N-25 P-0 NV-2 EXA-2 EXV-0 

EXPAND HOMESTEAD EXEMPTION 

2 Y-40 N-5 P-0 NV-2 EXA-2 EXV-0 

EXPAND HOMESTEAD EXEMPTION 

2 Y-43 N-0 P-0 NV-4 EXA-2 EXV-0 

NOTICE/SCHOOL REPLACEMENT 

Y-27 N-22 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-40 N-0 P-0 NV-5 EXA-4 EXV-0 

JOURNAL 

2 Y-41 N-0 P-0 NV-4 EXA-4 EXV-0 

REVENUE LAWS TECH. CHANGES 

1 Y-43 N-0 P-0 NV-2 EXA-4 EXV-0 

ADOPTIONS TO DISTRICT CT. 

2 Y-42 N-0 P-0 NV-3 EXA-4 EXV-0 

ADOPTIONS TO DISTRICT CT. 

2 Y-43 N-0 P-0 NV-2 EXA-4 EXV-0 

SUNSET/REVERSE MORTGAGES 

2 Y-43 N-l P-0 NV-1 EXA-4 EXV-0 

MINIMAL PROPERTY TAX BILLS 

Y-28 N-21 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-46 N-0 P-0 NV-1 EXA-2 EXV-0 

JOURNAL 

2 Y-45 N-l P-0 NV-1 EXA-2 EXV-0 

STATE-OWNED SUBMERGED 
LANDS STUDY 

3 Y-47 N-0 P-0 NV-0 EXA-2 EXV-0 

REVENUE LAWS TECH. CHANGES 

3 Y-46 N-0 P-0 NV-1 EXA-2 EXV-0 

ADOPTIONS TO DISTRICT CT. 

Y-29 N-20 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-39 N-l P-0 NV-6 EXA-3 EXV-0 

JOURNAL 

2 Y-45 N-0 P-0 NV-1 EXA-3 EXV-0 

WHITEVILLE SCHOOL BOARD 

2 Y-43 N-0 P-0 NV-3 EXA-3 EXV-0 

SANITARY DIST UTIL RELOC. 

3 Y-45 N-0 P-0 NV-1 EXA-3 EXV-0 

STATE-OWNED SUBMERGED 
LANDS STUDY 

Y-27 N-19 P-0 NV-0 EXA-3 EXV-0 

TEST VOTE 



BILL 



SENATE JOURNAL 

RDG CRMOT AMD TOTALS 



[Second Session 

(LEGEND— SEE PAGE 350) 



354 
SEQ# DATE 

85 02/23/95 Y-38 N-0 P-0 NV-5 EXA-6 EXV-0 

JOURNAL 

86 02/23/95 SB153 2 Y-44 N-0 P-0 NV-0 EXA-5 EXV-0 

GRANITE FALLS ABC AUDIT 

87 02/23/95 SCB200 2 Y-42 N-l P-0 NV-1 EXA-5 EXV-0 

PENALTIES/VIOLATIONS /AGRIC. 

88 02/27/95 Y-30 N-19 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

89 02/27/95 Y-41 N-0 P-0 NV-3 EXA-5 EXV-0 

JOURNAL 

90 02/27/95 SR176 7 Y-42 N-2 P-0 NV-0 EXA-5 EXV-0 

UNC BD./ELECTION PROCEDURES 

91 02/27/95 SB162 2 Y-42 N-l P-0 NV-1 EXA-5 EXV-0 

DELAY WINDOW TINTING 

92 02/27/95 SB247 4 Y-20 N-25 P-0 NV-0 EXA-4 EXV-0 

PARTY GIFTS EXEMPTION 

93 02/27/95 SB247 4 Y-41 N-4 P-0 NV-0 EXA-4 EXV-0 

PARTY GIFTS EXEMPTION 

94 02/27/95 SB247 2 Y-38 N-7 P-0 NV-0 EXA-4 EXV-0 

PARTY GIFTS EXEMPTION 

95 02/28/95 Y-28 N-20 P-0 NV-0 EXA-1 EXV-0 

TEST VOTE 

96 02/28/95 Y-44 N-0 P-0 NV-4 EXA-1 EXV-0 

JOURNAL 

97 02/28/95 SB247 5 Y-43 N-5 P-0 NV-0 EXA-1 EXV-0 

PARTY GIFTS EXEMPTION 

98 02/28/95 SB247 6 Y-19 N-29 P-0 NV-0 EXA-1 EXV-0 

PARTY GIFTS EXEMPTION 

99 02/28/95 SB247 7 Y-37 N-ll P-0 NV-0 EXA-1 EXV-0 

PARTY GIFTS EXEMPTION 

100 02/28/95 SB247 8 Y-21 N-27 P-0 NV-0 EXA-1 EXV-0 

PARTY GIFTS EXEMPTION 

101 02/28/95 SB247 2 Y-36 N-10 P-0 NV-2 EXA-1 EXV-0 

PARTY GIFTS EXEMPTION 

102 02/28/95 SB247 3 Y-35 N-13 P-0 NV-0 EXA-1 EXV-0 

PARTY GIFTS EXEMPTION 

103 03/01/95 Y-27 N-21 P-0 NV-0 EXA-1 EXV-0 

TEST VOTE 

104 03/01/95 Y-40 N-l P-0 NV-6 EXA-2 EXV-0 

JOURNAL 

105 03/01/95 SB118 2 Y-45 N-0 P-0 NV-1 EXA-3 EXV-0 

CLARIFY VOL EMS LIABILITY 

106 03/01/95 SB207 2 Y-46 N-0 P-0 NV-0 EXA-3 EXV-0 

WATER/SEWER BOND 

107 03/02/95 Y-26 N-23 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

108 03/02/95 Y-44 N-l P-0 NV-3 EXA-1 EXV-0 

JOURNAL 

109 03/02/95 SB7 1 Y-44 N-4 P-0 NV-0 EXA-1 EXV-0 

LOCAL OPTION HOMESTEAD 

110 03/02/95 SB7 2 Y-44 N-4 P-0 NV-0 EXA-1 EXV-0 

LOCAL OPTION HOMESTEAD 

111 03/02/95 SCB146 2 Y-44 N-l P-0 NV-3 EXA-1 EXV-0 

SEED LAW AMENDMENTS 

112 03/02/95 SJR225 2 Y-44 N-0 P-0 NV-4 EXA-1 EXV-0 

CHIEF JUSTICE/JOINT SESSION 



1996] 



SENATE JOURNAL 



355 



SEQ# DATE 

113 03/02/95 

114 03/06/95 

115 03/06/95 

116 03/06/95 

117 03/07/95 

118 03/07/95 

119 03/07/95 

120 03/07/95 

121 03/07/95 

122 03/07/95 

123 03/07/95 

124 03/08/95 

125 03/08/95 

126 03/08/95 

127 03/08/95 

128 03/08/95 

129 03/08/95 

130 03/08/95 

131 03/08/95 

132 03/08/95 

133 03/08/95 

134 03/08/95 

135 03/08/95 

136 03/08/95 

137 03/08/95 

138 03/09/95 

139 03/09/95 



BILL 



RDG CR MOT AMD TOTALS 



(LEGEND— SEE PAGE 350) 



SJR225 



SB58 



SCB3 

SCB3 

SCB119 

SCB16 

SCB3 



HCB181 

SCB44 

SB120 

SCB54 

SCB54 

SB155 

SB271 

SB286 

SB286 

HB80 

SB229 

SCB21 

SB63 




C 7 
C 7 

C 7 
C 7 









Y-46 N-0 P-0 NV-2 EXA-1 EXV-0 

CHIEF JUSTICE/JOINT SESSION 

Y-26 N-23 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-43 N-0 P-0 NV-3 EXA-3 EXV-0 

JOURNAL 

Y-43 N-2 P-0 NV-1 EXA-3 EXV-0 

VOTER REG. CLEANUP 

Y-28 N-20 P-0 NV-0 EXA-1 EXV-0 

TEST VOTE 

Y-38 N-0 P-0 NV-10 EXA-1 EXV-0 

JOURNAL 

Y-45 N-3 P-0 NV-0 EXA-1 EXV-0 

VETO 

Y-44 N-3 P-0 NV-1 EXA-1 EXV-0 

VETO 

Y-47 N-0 P-0 NV-1 EXA-1 EXV-0 

IMMUNITY FOR VOL ENGINEERS 

Y-48 N-0 P-0 NV-0 EXA-1 EXV-0 

PUBLIC INSTRUCTION REORG. 

Y-45 N-3 P-0 NV-0 EXA-1 EXV-0 

VETO 

Y-25 N-22 P-0 NV-0 EXA-2 EXV-O 

TEST VOTE 

Y-45 N-0 P-0 NV-1 EXA-3 EXV-0 

JOURNAL 

Y-46 N-0 P-0 NV-0 EXA-3 EXV-0 

CALDWELL SCHOOL PAY DATE 

Y-46 N-0 P-0 NV-0 EXA-3 EXV-0 

SPORTS TEAM REGISTR. PLATE 

Y-44 N-l P-0 NV-1 EXA-3 EXV-0 

MAKE BOND TAXATION UNIFORM 

Y-46 N-0 P-0 NV-0 EXA-3 EXV-0 

VETO CONFORMING CHANGES 

Y-44 N-2 P-0 NV-0 EXA-3 EXV-0 

VETO CONFORMING CHANGES 

Y-45 N-0 P-0 NV-1 EXA-3 EXV-0 

TEMPORARY PLATE/60 DAYS 

Y-45 N-0 P-0 NV-1 EXA-3 EXV-0 

FUEL COST ADJUST. SUNSET 

Y-45 N-0 P-0 NV-1 EXA-3 EXV-0 

WATER COMPOSITE TESTING 

Y-44 N-0 P-0 NV-2 EXA-3 EXV-0 

WATER COMPOSITE TESTING 

Y-44 N-0 P-0 NV-2 EXA-3 EXV-0 

REPEAL OBSOLETE USE TAX 

Y-44 N-0 P-0 NV-2 EXA-3 EXV-0 

DONATIONS/CONSERVATION LAND 

Y-37 N-8 P-0 NV-1 EXA-3 EXV-0 

TEACHER ASSISTANT FUNDS 

Y-29 N-20 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-38 N-0 P-0 NV-6 EXA-5 EXV-0 

NOTICE/SCHOOL REPLACEMENT 



356 



SEQ# 


DATE BILL 


RDC 


140 


03/09/95 SB288 


2 


141 


03/09/95 HB339 


2 


142 


03/09/95 SB7 


3 


143 


03/09/95 SCB44 


3 


144 


03/09/95 SB120 


3 


145 


03/09/95 SB229 


3 


146 


03/09/95 SB265 


2 


147 


03/09/95 SCB21 




148 


03/09/95 SCB21 




149 


03/09/95 SCB21 




150 


03/09/95 SCB21 


3 


151 


03/13/95 




152 


03/13/95 SB288 


3 


153 


03/13/95 SB220 


2 


154 


03/14/95 




155 


03/14/95 SB162 




156 


03/14/95 SB56 




157 


03/14/95 SB56 


2 


158 


03/15/95 




159 


03/15/95 SCB223 


2 


160 


03/15/95 SCB223 


2 


161 


03/16/95 




162 


03/16/95 SCB333 


2 


163 


03/16/95 SCB27 




164 


03/16/95 SCB22 


2 


165 


03/16/95 SB317 


2 


166 


03/16/95 SB330 


2 



SENATE JOURNAL 

RDG CR MOT AMD TOTALS 



[Second Session 

(LEGEND— SEE PAGE 350) 



Y-41 N-0 P-0 NV-3 EXA-5 EXV-0 

ALLEGHANY SCHOOL PROPERTY 

Y-42 N-0 P-0 NV-2 EXA-5 EXV-0 

SEVEN LAKES/HIGHWAY LAWS-2 

Y-40 N-0 P-0 NV-4 EXA-5 EXV-0 

LOCAL OPTION HOMESTEAD 

Y-42 N-0 P-0 NV-2 EXA-5 EXV-0 

SPORTS TEAM REGISTR. PLATE 

Y-40 N-l P-0 NV-3 EXA-5 EXV-0 

MAKE BOND TAXATION UNIFORM 

Y-41 N-0 P-0 NV-3 EXA-5 EXV-0 

DONATIONS/CONSERVATION LAND 

Y-40 N-0 P-0 NV-4 EXA-5 EXV-0 

CALDWELL FOX HUNTING 

2 Y-13 N-31 P-0 NV-0 EXA-5 EXV-0 

TEACHER ASSISTANT FUNDS 

1 Y-37 N-7 P-0 NV-0 EXA-5 EXV-0 

TEACHER ASSISTANT FUNDS 

3 Y-38 N-5 P-0 NV-1 EXA-5 EXV-0 

TEACHER ASSISTANT FUNDS 

Y-39 N-5 P-0 NV-0 EXA-5 EXV-0 

TEACHER ASSISTANT FUNDS 

Y-26 N-23 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-41 N-0 P-0 NV-2 EXA-6 EXV-0 

ALLEGHANY SCHOOL PROPERTY 

Y-42 N-0 P-0 NV-1 EXA-6 EXV-0 

LOCAL SALES TAX INFORMATION 

Y-25 N-21 P-0 NV-0 EXA-3 EXV-0 

TEST VOTE 

8 Y-43 N-0 P-0 NV-1 EXA-5 EXV-0 

WINDOW TINTING CHANGES 

2 Y-9 N-32 P-0 NV-3 EXA-5 EXV-0 

ANTIQUATED LAWS REPEALED 

Y-41 N-2 P-0 NV-1 EXA-5 EXV-0 

ANTIQUATED LAWS REPEALED 

Y-27 N-22 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-41 N-2 P-0 NV-1 EXA-5 EXV-0 

SCHOOL EMPLOYEE RECORD CK 

Y-42 N-2 P-0 NV-0 EXA-5 EXV-0 

SCHOOL EMPLOYEE RECORD CK 

Y-25 N-19 P-0 NV-0 EXA-5 EXV-0 

TEST VOTE 

Y-42 N-2 P-0 NV-0 EXA-5 EXV-0 

RUN HILL STATE NATURAL AREA 

8 Y-16 N-28 P-0 NV-0 EXA-5 EXV-0 

REPEAL PRISON CAP 

Y-37 N-3 P-0 NV-4 EXA-5 EXV-0 

SCHOOL TECH. RESERVE FUND 

Y-42 N-0 P-0 NV-2 EXA-5 EXV-0 

HOME CARE COMM. REPEAL/AB 

Y-42 N-0 P-0 NV-2 EXA-5 EXV-0 

NURSING HOME ADMIN. BOARD 



1996] 




SENATE 


JC 


>URN; 


SEQ# DATE BILL 


RDG 


CR MOT i 


VMD 


TOTAL 


167 03/20/95 








Y-29 


168 03/20/95 









Y-40 


169 03/20/95 SJR225 




8 




Y-45 


170 03/20/95 SB264 


2 






Y-44 


171 03/20/95 SB269 


2 






Y-43 


172 03/20/95 SB282 


2 






Y-45 


173 03/20/95 SCB333 


3 






Y-42 


174 03/20/95 SB20 


2 






Y-42 


175 03/21/95 








Y-23 


176 03/21/95 









Y-42 


177 03/21/95 SCB237 






1 


Y-46 


178 03/21/95 SCB237 


2 






Y-46 


179 03/21/95 SB241 


2 






Y-46 


180 03/21/95 SB348 


2 






Y-45 


181 03/21/95 SB264 


3 






Y-39 


182 03/21/95 SB269 


3 






Y-35 


183 03/21/95 SB282 


3 






Y-40 


184 03/22/95 








Y-23 


185 03/22/95 









Y-42 


186 03/22/95 SB34 






2 


Y-45 


187 03/22/95 SB104 




8 




Y-45 


188 03/23/95 








Y-25 


189 03/23/95 









Y-40 


190 03/27/95 








Y-24 


191 03/27/95 









Y-45 


192 03/27/95 SB346 


2 






Y-46 


193 03/27/95 SB448 


2 






Y-46 



u- 357 

S (LEGEND— SEE PAGE 350) 

N-20 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

N-0 P-0 NV-5 EXA-4 EXV-0 

JOURNAL 

N-0 P-0 NV-0 EXA-4 EXV-0 

CHIEF JUSTICE/JOINT SESSION 

N-0 P-0 NV-1 EXA-4 EXV-0 

BETHANIA CHARTER 

N-0 P-0 NV-2 EXA-4 EXV-0 

DALLAS PROP. MAINTENANCE 

N-0 P-0 NV-0 EXA-4 EXV-0 

ROCKINGHAM CITY ANNEX 

N-2 P-0 NV-1 EXA-4 EXV-0 

RUN HILL STATE NATURAL AREA 

N-3 P-0 NV-0 EXA-4 EXV-0 

SCHOOL ACCOUNTABILITY 

N-22 P-0 NV-0 EXA-4 EXV-0 

TEST VOTE 

N-0 P-0 NV-3 EXA-4 EXV-0 

JOURNAL 

N-0 P-0 NV-0 EXA-3 EXV-0 

USE VALUE TAX CHANGES 

N-0 P-0 NV-0 EXA-3 EXV-0 

USE VALUE TAX CHANGES 

N-0 P-0 NV-0 EXA-3 EXV-0 

LET DOT SELL FERRY SOUVENIRS 

N-l P-0 NV-0 EXA-3 EXV-0 

NBPTS DEBT COLLECTION 

N-0 P-0 NV-7 EXA-3 EXV-0 

BETHANIA CHARTER 

N-0 P-0 NV-1 1 EXA-3 EXV-0 

DALLAS PROP. MAINTENANCE 

N-0 P-0 NV-6 EXA-3 EXV-0 

ROCKINGHAM CITY ANNEX 

N-22 P-0 NV-0 EXA-4 EXV-0 

TEST VOTE 

N-0 P-0 NV-3 EXA-4 EXV-0 

JOURNAL 

N-0 P-0 NV-0 EXA-4 EXV-0 

DEATH BY LETHAL DRUG 

N-0 P-0 NV-0 EXA-4 EXV-0 

REVENUE LAWS CHANGES 

N-l 9 P-0 NV-0 EXA-5 EXV-0 

TEST VOTE 

N-0 P-0 NV-4 EXA-5 EXV-0 

JOURNAL 

N-25 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

N-0 P-0 NV-2 EXA-2 EXV-0 

JOURNAL 

N-0 P-0 NV-1 EXA-2 EXV-0 

STATE WORK PROG. REPEAL/AB 

N-0 P-0 NV-1 EXA-2 EXV-0 

APPELLATE COURT ELECTORAL 
REFORM 



358 

SEQ# DATE 

194 03/28/95 

195 03/28/95 

196 03/28/95 

197 03/28/95 

198 03/29/95 

199 03/29/95 

200 03/29/95 

201 03/29/95 

202 03/29/95 

203 03/29/95 

204 03/29/95 

205 03/29/95 

206 03/29/95 

207 03/29/95 

208 03/29/95 

209 03/29/95 

210 03/30/95 

211 03/30/95 

212 03/30/95 

213 03/30/95 

214 04/03/95 

215 04/03/95 

216 04/03/95 

217 04/03/95 

218 04/03/95 

219 04/03/95 

220 04/04/95 

221 04/04/95 



BILL 



SENATE JOURNAL 



RDG CR MOT AMD TOTALS 



[Second Session 

(LEGEND— SEE PAGE 350) 



Y-26 N-23 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

SCB41 2 Y-43 N-0 P-0 NV-0 EXA-2 EXV-4 

PRO SE INDIGENT PRISONERS/AB 

SCB62 2 Y-45 N-l P-0 NV-1 EXA-2 EXV-0 

MFD. HOMES/BILL OF RIGHTS 

SB413 2 Y-46 N-0 P-0 NV-1 EXA-2 EXV-0 

SAVINGS BANKS CONVERSION 

Y-25 N-21 P-0 NV-0 EXA-3 EXV-0 

TEST VOTE 

7 Y-44 N-0 P-0 NV-2 EXA-3 EXV-0 

CONFIRM/STEPHENSON 

7 y-44 N-0 P-0 NV-2 EXA-3 EXV-0 

CONFIRM-BELL/HISE/EDGERTON 

Y-39 N-6 P-0 NV-1 EXA-3 EXV-0 

PERPETUITIES/UNIFORM RULE 

Y-41 N-5 P-0 NV-0 EXA-3 EXV-0 

LIMIT OPTIONS IN GROSS 

Y-41 N-4 P-0 NV-1 EXA-3 EXV-0 

TRUSTS/PET/CEMETERY 

1 Y-37 N-7 P-0 NV-2 EXA-3 EXV-0 

DOT DREDGE/LOCAL GOV'T. 

Y-41 N-4 P-0 NV-1 EXA-3 EXV-0 

DOT DREDGE/LOCAL GOV'T. 

1 y-43 N-0 P-0 NV-3 EXA-3 EXV-0 

TRUCK WEIGHT LIMITS 

2 Y-44 N-l P-0 NV-1 EXA-3 EXV-0 

TRUCK WEIGHT LIMITS 

3 Y-4 N-40 P-0 NV-2 EXA-3 EXV-0 

TRUCK WEIGHT LIMITS 

Y-41 N-3 P-0 NV-2 EXA-3 EXV-0 

TRUCK WEIGHT LIMITS 

Y-24 N-25 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-41 N-l P-0 NV-4 EXA-3 EXV-0 

BOW FISHING/HUNT LICENSE 

Y-44 N-0 P-0 NV-2 EXA-3 EXV-0 

LOCAL TELEPHONE COMPETITION 

Y-43 N-l P-0 NV-2 EXA-3 EXV-0 

DOT DREDGE/LOCAL GOV'T. 

Y-32 N-l 8 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-45 N-0 P-0 NV-1 EXA-4 EXV-0 

JOURNAL 

SB296 2 Y-44 N-0 P-0 NV-2 EXA-4 EXV-0 

LAKE ROYALE MOTOR VEHICLES 

HCB33 2 Y-43 N-3 P-0 NV-0 EXA-4 EXV-0 

REAL ESTATE RENEWAL FEES/AB 

SCB268 2 Y-45 N-0 P-0 NV-1 EXA-4 EXV-0 

LOSS RESERVE ACCOUNTS 

SB357 2 Y-41 N-4 P-0 NV-1 EXA-4 EXV-0 

DOT ASSIGNED VEHICLE 

Y-24 N-26 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

Y-42 N-0 P-0 NV-6 EXA-2 EXV-0 

JOURNAL 



SB83 

SB84 

SB85 

SB240 

SB240 

SCB331 

SCB331 

SCB331 

SCB331 



SB365 2 
HCB161 2 
SB240 3 



1996] 


5 


;enate jc 


>URjNL 


SEQ# DATE BILL 


RDG 


CR MOT AMD 


TOTAL 


222 04/04/95 HCB377 


2 




Y-47 


223 04/04/95 SCB24 


2 




Y-45 


224 04/04/95 SCB259 




1 


Y-44 


225 04/04/95 SCB259 


2 




Y-46 


226 04/04/95 SB83 


3 




Y-46 


227 04/04/95 SB357 


3 




Y-44 


228 04/04/95 SCB287 


2 




Y-40 


229 04/05/95 






Y-26 


230 04/05/95 







Y-43 


231 04/05/95 SCB399 


2 




Y-40 


232 04/05/95 SCB414 


2 




Y-44 


233 04/05/95 SB415 


2 




Y-44 


234 04/05/95 SCB259 




2 


Y-32 


235 04/05/95 SCB259 




4 


Y-40 


236 04/05/95 SCB167 




8 


Y-44 


237 04/05/95 SCB414 


2 




Y-45 


238 04/06/95 






Y-22 


239 04/06/95 SB321 


2 




Y-45 


240 04/06/95 SCB344 


2 




Y-44 


241 04/06/95 SB430 


2 




Y-45 


242 04/06/95 SB453 


2 




Y-44 


243 04/06/95 SB482 


2 




Y-46 


244 04/06/95 SCB344 


3 




Y-44 


245 04/06/95 HCB2 




1 


Y-21 


246 04/06/95 HCB2 


2 




Y-43 


247 04/10/95 






Y-27 


248 04/10/95 







Y-45 


249 04/10/95 SB416 


2 




Y-47 



*L 359 

S (LEGEND— SEE PAGE 350) 

N-0 P-0 NV-1 EXA-2 EXV-0 

CHARLOTTE STREET NAMES 

N-l P-0 NV-2 EXA-2 EXV-0 

REFOCUS SCH. TESTING/BASICS 

N-3 P-0 NV-1 EXA-2 EXV-0 

CIVIL DAMAGES/CERTAIN CRIMES 

N-0 P-0 NV-2 EXA-2 EXV-0 

CIVIL DAMAGES/CERTAIN CRIMES 

N-l P-0 NV-1 EXA-2 EXV-0 

PERPETUITIES/UNIFORM RULE 

N-3 P-0 NV-1 EXA-2 EXV-0 

DOT ASSIGNED VEHICLE 

N-6 P-0 NV-2 EXA-2 EXV-0 

AMEND STATUTORY RAPE LAW 

N-24 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

N-0 P-0 NV-3 EXA-4 EXV-0 

JOURNAL 

N-6 P-0 NV-0 EXA-4 EXV-0 

AMEND DEFINITION OF PODIATRY 

N-0 P-0 NV-2 EXA-4 EXV-0 

INTERSTATE BRANCHING OPT-IN 

N-l P-0 NV-1 EXA-4 EXV-0 

BANKS/SAVINGS INST. MERGER 

N-13 P-0 NV-1 EXA-4 EXV-0 

CIVIL DAMAGES/CERTAIN CRIMES 

N-4 P-0 NV-2 EXA-4 EXV-0 

CIVIL DAMAGES/CERTAIN CRIMES 

N-0 P-0 NV-2 EXA-4 EXV-0 

MINIMAL PROPERTY TAX BILLS 

N-0 P-0 NV-1 EXA-4 EXV-0 

INTERSTATE BRANCHING OPT-IN 

N-25 P-0 NV-0 EXA-3 EXV-0 

TEST VOTE 

N-0 P-0 NV-2 EXA-3 EXV-0 

SCHOOL ATHLETICS RULES 

N-2 P-0 NV-1 EXA-3 EXV-0 

NOTARY LAW AMENDMENTS/AB 

N-0 P-0 NV-2 EXA-3 EXV-0 

BANK INVESTMENT AUTHORITY 

N-2 P-0 NV-1 EXA-3 EXV-0 

TEACHER SCHOLARSHIP PROG. 

N-0 P-0 NV-1 EXA-3 EXV-0 

MISCELLANEOUS BANK CHANGES 

N-l P-0 NV-2 EXA-3 EXV-0 

NOTARY LAW AMENDMENTS/AB 

N-25 P-0 NV-1 EXA-3 EXV-0 

INCOME TAX CUT/CHILD CREDIT 

N-l P-0 NV-3 EXA-3 EXV-0 

INCOME TAX CUT/CHILD CREDIT 

N-19 P-0 NV-0 EXA-4 EXV-0 

TEST VOTE 

N-0 P-0 NV-1 EXA-4 EXV-0 

JOURNAL 

N-0 P-0 NV-0 EXA-3 EXV-0 

DEFINITION OF ABUSE/AB 



360 



SENATE JOURNAL 



SEQ# 


DATE BILL 


RDG 


CR MOT AMD 


TOTAL 


250 


04/10/95 SCB223 


3 




Y-47 


251 


04/10/95 SB453 




1 


Y-46 


252 


04/10/95 SB453 


3 




Y-46 


253 


04/11/95 






Y-25 


254 


04/11/95 HCB145 


2 




Y-47 


255 


04/11/95 SB384 


2 




Y-49 


256 


04/11/95 SB156 


2 




Y-49 


257 


04/11/95 SCB287 




5 


Y-33 


258 


04/11/95 SCB265 




8 


Y-47 


259 


04/11/95 






Y-23 


260 


04/11/95 







Y-42 


261 


04/11/95 HCB377 


2 




Y-47 


262 


04/11/95 SCB24 


2 




Y-45 


263 


04/11/95 SCB259 




1 


Y-44 


264 


04/11/95 SCB259 


2 




Y-46 


265 


04/11/95 SB83 


3 




Y-46 


266 


04/11/95 SB357 


3 




Y-44 


267 


04/11/95 SCB287 


2 




Y-40 


268 


04/12/95 






Y-27 


269 


04/12/95 







Y-46 


270 


04/12/95 HCB145 


3 




Y-46 


271 


04/12/95 SCB342 


2 




Y-45 


272 


04/12/95 SB412 


2 




Y-45 


273 


04/12/95 SB412 


3 




Y-47 


274 


04/12/95 SCB259 




5 


Y-18 


275 


04/12/95 SCB259 







Y-28 


276 


04/12/95 SCB342 


2 




Y-47 


277 


04/13/95 






Y-29 



[Second Session 

(LEGEND— SEE PAGE 350) 



N-0 P-0 NV-0 EXA-3 EXV-0 

SCHOOL EMPLOYEE RECORD CK 

N-0 P-0 NV-1 EXA-3 EXV-0 

TEACHER SCHOLARSHIP PROG. 

N-0 P-0 NV-1 EXA-3 EXV-0 

TEACHER SCHOLARSHIP PROG. 

N-23 P-0 NV-0 EXA-2 EXV-0 

TEST VOTE 

N-0 P-0 NV-2 EXA-1 EXV-0 

ROANOKE RAPIDS CHARTER 

N-0 P-0 NV-0 EXA-1 EXV-0 

FORSYTH/W-S PYROTECHNICS 

N-0 P-0 NV-0 EXA-1 EXV-0 

WEAPON/FIREFIGHTERS/EMS 

N-15 P-0 NV-1 EXA-1 EXV-0 

AMEND STATUTORY RAPE LAW 

N-0 P-0 NV-2 EXA-1 EXV-0 

CALDWELL FOX HUNTING 

N-26 P-0 NV-0 EXA-1 EXV-0 

TEST VOTE 

N-0 P-0 NV-5 EXA-3 EXV-0 

JOURNAL 

N-0 P-0 NV-0 EXA-3 EXV-0 

CHARLOTTE STREET NAMES 

N-l P-0 NV-1 EXA-3 EXV-0 

REFOCUS SCH. TESTING/BASICS 

N-3 P-0 NV-0 EXA-3 EXV-0 

CIVIL DAMAGES/CERTAIN CRIMES 

N-0 P-0 NV-1 EXA-3 EXV-0 

CIVIL DAMAGES/CERTAIN CRIMES 

N-l P-0 NV-0 EXA-3 EXV-0 

PERPETUITIES/UNIFORM RULE 

N-3 P-0 NV-0 EXA-3 EXV-0 

DOT ASSIGNED VEHICLE 

N-6 P-0 NV-1 EXA-3 EXV-0 

AMEND STATUTORY RAPE LAW 

N-23 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

N-0 P-0 NV-2 EXA-2 EXV-0 

JOURNAL 

N-0 P-0 NV-2 EXA-2 EXV-0 

ROANOKE RAPIDS CHARTER 

N-0 P-0 NV-3 EXA-2 EXV-0 

INSURER FINANCIAL AMDS/AB 

N-l P-0 NV-2 EXA-2 EXV-0 

OPT-OUT USURY PREEMPTION 

N-0 P-0 NV-1 EXA-2 EXV-0 

OPT-OUT USURY PREEMPTION 

N-26 P-0 NV-4 EXA-2 EXV-0 

CIVIL DAMAGES/CERTAIN CRIMES 

N-l 7 P-0 NV-3 EXA-2 EXV-0 

CIVIL DAMAGES/CERTAIN CRIMES 

N-0 P-0 NV-1 EXA-2 EXV-0 

INSURER FINANCIAL AMDS/AB 

N-21 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 



1996] 


SENATE JC 


lURN. 


SEQ# DATE BILL 


RDG 


CRMOT AMD 


TOTAL 


278 04/13/95 SB507 


2 






Y-43 


279 04/13/95 SB580 


2 






Y-47 


280 04/13/95 SCB38 


2 






Y-43 


281 04/13/95 SB488 


2 






Y-37 


282 04/13/95 SB496 


2 






Y-46 


283 04/13/95 SJR538 


2 






Y-46 


284 04/13/95 SB575 


2 






Y-46 


285 04/13/95 HCB103 


2 






Y-47 


286 04/13/95 HB401 


2 






Y-46 


287 04/13/95 SB84 






1 


Y-46 


288 04/13/95 SB507 


2 






Y-44 


289 04/17/95 








Y-26 


290 04/17/95 SB507 


3 






Y-45 


291 04/17/95 SB580 


3 






Y-46 


292 04/17/95 SB277 


2 






Y-45 


293 04/17/95 SB186 


2 






Y-45 


294 04/17/95 SB209 


2 






Y-35 


295 04/17/95 SCB243 


2 






Y-46 


296 04/17/95 SB256 


2 






Y-44 


297 04/17/95 SB258 


2 






Y-44 


298 04/17/95 SB573 


2 






Y-40 


299 04/17/95 HCB103 


3 






Y-43 


300 04/17/95 SCB182 


3 






Y-40 


301 04/18/95 








Y-25 


302 04/18/95 SB277 


3 






Y-44 


303 04/18/95 HCB122 


2 






Y-46 


304 04/18/95 SB208 


2 






Y-43 



^L 361 

S (LEGEND— SEE PAGE 350) 

N-0 P-0 NV-5 EXA-2 EXV-0 

DURHAM ASSESSMENTS 

N-0 P-0 NV-1 EXA-2 EXV-0 

ALBEMARLE STREET ASSESS. 

N-l P-0 NV-4 EXA-2 EXV-0 

CAMPAIGN REPORTING 

N-9 P-0 NV-2 EXA-2 EXV-0 

DMV/BUSINESS LICENSE INFO./AB 

N-0 P-0 NV-2 EXA-2 EXV-0 

MINIMAL PROPERTY TAX BILLS 

N-0 P-0 NV-2 EXA-2 EXV-0 

JOINT SESSION/ST. BD. OF ED. 

N-0 P-0 NV-2 EXA-2 EXV-0 

LEGISLATIVE ETHICS COMM. 

N-0 P-0 NV-1 EXA-2 EXV-0 

INSURANCE FRAUD 

N-l P-0 NV-1 EXA-2 EXV-0 

MUSEUM OF ART SECURITY/AB 

N-0 P-0 NV-2 EXA-2 EXV-0 

LIMIT OPTIONS IN GROSS 

N-0 P-0 NV-4 EXA-2 EXV-0 

DURHAM ASSESSMENTS 

N-24 P-0 NV-0 EXA-0 EXV-0 

TEST VOTE 

N-0 P-0 NV-1 EXA-4 EXV-0 

DURHAM ASSESSMENTS 

N-0 P-0 NV-0 EXA-4 EXV-0 

ALBEMARLE STREET ASSESS. 

N-l P-0 NV-0 EXA-4 EXV-0 

50 ACRE SCHOOL SITE LIMIT 

N-l P-0 NV-0 EXA-4 EXV-0 

SENTENCING COMMISSION 

N-ll P-0 NV-0 EXA-4 EXV-0 

MODIFY ACTIVE SENTENCE 

N-0 P-0 NV-0 EXA-4 EXV-0 

DEATH SETTLEMENT APPROVAL 

N-2 P-0 NV-0 EXA-4 EXV-0 

INDIGENT APPEAL CHANGES 

N-2 P-0 NV-0 EXA-4 EXV-0 

RECORD KEEPING/CHILD SUPPORT 

N-6 P-0 NV-0 EXA-4 EXV-0 

OPTOMETRY CHANGES 

N-0 P-0 NV-3 EXA-4 EXV-0 

INSURANCE FRAUD 

N-5 P-0 NV-1 EXA-4 EXV-0 

REFUND FILING FEE/DEATH 

N-22 P-0 NV-0 EXA-3 EXV-0 

TEST VOTE 

N-2 P-0 NV-1 EXA-3 EXV-0 

50 ACRE SCHOOL SITE LIMIT 

N-0 P-0 NV-1 EXA-3 EXV-0 

TRANSPORTER PLATE/SALVAGE 

N-3 P-0 NV-1 EXA-3 EXV-0 

CRIMINAL TECH. AMEND. 



362 



SENATE JOURNAL 



SEQ# 


DATE BILL 


RDG 


CRMOT AMD TOTAL